The Case Against Institutional Conscience‪.‬

INTRODUCTION In the United States today, federal laws immunize healthcare providers who refuse, on moral or religious grounds, to perform or assist in performing certain procedures. These "conscience clauses" cover not just individual providers, but institutions as well. Catholic hospitals (1) are chief among those institutions receiving conscience protection. Catholic hospitals operate in accordance with the Ethical and Religious Directives for Catholic Health Care Services ("Directives"), promulgated by the U.S. Conference of Catholic Bishops (USCCB). (2) The Directives define Catholic healthcare's mission of caring for the underserved and also limit or prohibit particular medical treatments, including abortion, tubal ligation, vasectomy, advance directives, and other end-of-life procedures. (3) Catholic hospitals assert the right, as an entity, to act in accord with the Directives, which are deemed to be a hospital's conscience. Further, all employees must comply with the Directives. (4) Therefore, the recognition of institutional conscience restricts the full protection of individual conscience for those employees whose moral or religious persuasions diverge from the Directives.