Conscience clause

A conscience clause is a legal provision that exempts people, and sometimes organizations, from a duty because it conflicts with their moral or religious convictions. The best-known examples are in health care, where laws allow doctors, nurses and pharmacists to decline to take part in abortion, sterilization or, in some states, other procedures such as assisted suicide.

Federal law includes the Church Amendments (1973), enacted after Roe v. Wade, which protect health workers and institutions that decline to take part in abortion or sterilization, and the Weldon Amendment, a funding rider that bars federal funds to governments that discriminate against institutions that do not provide or pay for abortions. Many states have their own. Similar protections have been proposed or enacted for wedding vendors, adoption agencies and employers objecting to contraception mandates.

Supporters argue that no one should be forced to violate deeply held beliefs as a condition of working in a profession, and see it as protecting religious liberty. Critics argue that such provisions can limit patients' access to lawful care, especially in areas with few providers, and that professionals must provide services or refer patients. Courts also address the issue under the RFRA and the Free Exercise Clause. Debates include how to balance rights of the provider and the patient.