Expanding the Availability of Controversial Medical Procedures Need Not Interfere with the Religious Freedom of Doctors and Nurses

Nov. 21 2019

A set of regulations by the Department of Health and Human Services, intended to go into effect tomorrow, would have expanded the right of medical professionals to refuse, as a matter of conscience, to perform certain procedures or provide certain drugs. But, earlier this month, a federal court struck down the rules, which would apply, for instance, to a doctor who doesn’t wish to perform euthanasia in a state where it is legal to do so or to a nurse who doesn’t wish to administer a vaccine manufactured from fetal tissue. Without objecting to the largely technical grounds on which the court invalidated the regulations, Moishe Bane and Nathan Diament argue in favor of such protections:

American law, both legislative and judicial, has a magnificent tradition of accommodating the rights and needs of individuals with conflicting interests. Surely, such mutual accommodations should be the aspiration of regulations regarding health and medical care. Sadly, in certain contexts—such as regarding women’s reproductive rights and euthanasia—achieving a balanced approach to competing rights is not the goal of some judges and legislators who instead seek to diminish, and [even] to dismiss, the rights of those Americans committed to abide by their religious tenets.

Even in controversial contexts, legislators have successfully found a middle ground to provide rights to services for some individuals while simultaneously ensuring protections for those unable to provide those services on religious grounds. . . . Unfortunately, [however], respect for the conscience rights of healthcare providers (and other Americans of faith) has been persistently attacked.

The denigration and dismissal of religious belief is frequently advanced in association with both abortion and LGBT rights. Rather than seeking to ensure that these legal rights are balanced with the competing, authentic religious rights of others, many abortion and LGBT advocates frame values borne of religion as illegitimate and undeserving of respect, let alone entitled to legal protection. They assert that any accommodation of religious belief is tantamount to using religion as “a sword” to harm others. Experience has now shown that the preservation of religious-conscience protections need not impose significant burdens on others.

Our courts and our culture must be reminded that America was founded by those who were seeking religious freedom; that is why they enshrined its protection in the First Amendment. A devout Jewish doctor who declines to issue an assisted-suicide prescription shouldn’t be forced to choose between her career and conscience any more than a faithful Catholic attorney who doesn’t want to work on a death-penalty case, or a committed feminist web designer who doesn’t want to build a pornographic website.

Read more at Washington Times

More about: Abortion, American law, Euthanasia, Freedom of Religion, Medicine

Israel’s Syria Strategy in a Changing Middle East

In a momentous meeting with the Syrian president Ahmed al-Sharaa in Riyadh, President Trump announced that he is lifting sanctions on the beleaguered and war-torn country. On the one hand, Sharaa is an alumnus of Islamic State and al-Qaeda, who came to power as commander of Hayat Tahrir al-Sham (HTS), which itself began life as al-Qaeda’s Syrian offshoot; he also seems to enjoy the support of Qatar. On the other hand, he overthrew the Assad regime—a feat made possible by the battering Israel delivered to Hizballah—greatly improving Jerusalem’s strategic position, and ending one of the world’s most atrocious and brutal tyrannies. President Trump also announced that he hopes Syria will join the Abraham Accords.

This analysis by Eran Lerman was published a few days ago, and in some respects is already out of date, but more than anything else I’ve read it helps to make sense of Israel’s strategic position vis-à-vis Syria.

Israel’s primary security interest lies in defending against worst-case scenarios, particularly the potential collapse of the Syrian state or its transformation into an actively hostile force backed by a significant Turkish presence (considering that the Turkish military is the second largest in NATO) with all that this would imply. Hence the need to bolster the new buffer zone—not for territorial gain, but as a vital shield and guarantee against dangerous developments. Continued airstrikes aimed at diminishing the residual components of strategic military capabilities inherited from the Assad regime are essential.

At the same time, there is a need to create conditions that would enable those in Damascus who wish to reject the reduction of their once-proud country into a Turkish satrapy. Sharaa’s efforts to establish his legitimacy, including his visit to Paris and outreach to the U.S., other European nations, and key Gulf countries, may generate positive leverage in this regard. Israel’s role is to demonstrate through daily actions the severe costs of acceding to Recep Tayyip Erdogan’s ambitions and accepting Turkish hegemony.

Israel should also assist those in Syria (and beyond: this may have an effect in Lebanon as well) who look to it as a strategic anchor in the region. The Druze in Syria—backed by their brethren in Israel—have openly expressed this expectation, breaking decades of loyalty to the central power in Damascus over their obligation to their kith and kin.

Read more at Jerusalem Institute for Strategy and Security

More about: Donald Trump, Israeli Security, Syria, U.S. Foreign policy