- Spring 2005-

Michigan House Passes Bill Allowing Doctors to Refuse Treatment of Gays

The Republican-controlled Michigan House of Representatives passed a measure recently that would allow doctors to refuse to treat gay, lesbian, bisexual and transgender patients. The Conscientious Objector Policy Act provides that health care workers can refuse service to anyone for moral, ethical or religious reasons, although the measure would prohibit the refusal of emergency care.

The bill was strongly supported by the Michigan Catholic Conference, a conservative religious organization that also hosted a legislative day for Catholics at the state Capitol.

The state House also voted to protect health-care workers and insurers from being fired or sued for refusing to perform a procedure, fill a prescription or cover treatment for something they object to for moral, ethical or religious reasons, which would apply to doctors or nurses who decline to perform or assist with abortions and to pharmacists who refuse to fill prescriptions for morning-after pills. The Republican-controlled House overwhelmingly approved the four-bill packageVocal opponents of the measure included Rep. Chris Kolb, the first openly gay legislator in Michigan. "Are you telling me that a health care provider can deny me medical treatment because of my sexual orientation? I hope not," he asked the House.

Rep. Steve Bieda adds, "I voted against HB 5277 and 5288 because these organizations already can decide not to offer a particular service, or coverage for a particular service, and that this legislation is not needed."

"In order to become a physician, individuals must take the Hippocratic Oath ... Nowhere in the oath does it say that physicians shall not treat people whose ethnicity, sexual orientation, or beliefs they may not agree with or approve of.

This package of bills would amend the Hippocratic Oath in a way that takes rights away from people in the name of protecting the rights of others. We do not have the moral or professional standing to do either," asserts Rep. Andy Meisner.

Republican state Rep. Randy Richardville of Monroe, who introduced the main bill of the package, says the legislation is intended to protect religious, moral and ethical freedoms of health-care providers. "Nothing in this bill, not a thing, denies a patient from receiving medical care," he states. "This simply means a medical professional cannot violate their religious obligations." Paul A. Long, vice president for public policy for the Michigan Catholic Conference, says the bills promoted the constitutional right to religious freedom. "Individual and institutional health-care providers can and should maintain their mission and their services without compromising faith-based teaching," he said in a written statement.

Other opponents said they're worried the bills would allow providers to refuse service for any reason. The conscientious-objector bills, House Bill 5006 and 5276-78, can be viewed and tracked on the Michigan Legislature Web site at www.legislature.mi.gov. The bills now go the state Senate, which also is controlled by Republicans.