Genesys Regional Health Center

Commentary by Susan Brinkmann, OCDS

The American Civil Liberties Union (ACLU) of Michigan has sent a letter to a Catholic hospital in Michigan demanding that they perform a tubal ligation on a young woman with a benign brain tumor who is 34 weeks pregnant and whose doctors are recommending that she be sterilized to prevent any more pregnancies.

The Washington Post is reporting on the story of Jessica Mann, 33, of Flushing, Michigan, who was denied a request to have a tubal ligation (aka “tubes tied”) by Genesys Hospital, a Catholic facility.

Mann was diagnosed a decade ago with two pilocytic astrocytomas, benign brain tumors that can cause blindness, paralysis, and other problems. She had one of the tumors surgically removed and has been getting regular care and monitoring to be sure the remaining tumor does not grow or spread.

According to the American Brain Tumor Association, pilocytic astrocytoma are grade one astrocytomas that typically stay in the area where they started and do not spread. They are considered the “most benign” (noncancerous) of all the astrocytomas.

Mann was elated when she became pregnant with her third child, but a maternal-fetal medicine specialist recommended that this be her last child and suggested that she undergo a tubal ligation when she delivers via Caesarean section.

However, Genesys Regional Medical Center is a Catholic facility which adheres to the Ethical and Religious Directives established by the U.S. Conference of Catholic Bishops which forbid sterilization. Although there are some medical exceptions that can be made, Mann’s case did not qualify and her request for the procedure was denied.

“I was surprised and upset,” said Mann. “And there was anger at the fact that they can disregard medical issues for their religious beliefs.”

She contacted the ACLU who immediately sent a letter to the hospital threatening legal action. As is their custom, they also began to issue the usual hysterical statements to the secular media.

"Although everyone has a right to practice their religion as they see fit, religion cannot be used to harm others, which is what is happening here,” said Brooke Tucker, attorney at the ACLU of Michigan. “Jessica Mann and every person who goes into the hospital seeking medical care should not have to worry that religious beliefs rather than medical judgment will dictate what care they receive.”

But that’s not how the court has seen it over the years. According to Robin Wilson, a law professor at the University of Illinois, federal law provides an “iron-clad” exemption for faith-based medical providers who don’t want to provide abortion or sterilization services.

Wilson told the Post that judges must tread carefully in situations such as Mann’s, which are not acute emergencies.

“If it’s not an emergency, why should you wash out the religious character of that hospital?” she said. “You want a diversity of providers so people who have different values can actually find providers who match those values.”

It’s an issue that will definitely be making headlines in the future as groups such as the ACLU attempt to rid the public square of all vestiges of religion, including one of the largest health-care providers in the country.

At present, there are more than 645 Catholic hospitals in the U.S. which admit more than five million patients a year. Another 102 million annually receive outpatient services in Catholic hospitals and 19 million receive emergency room care. Of the nation’s top 25 medical institutions, 10 are Catholic-run.

Even though Genesys refused to comment to the Post, plenty of people chose to do so with most speaking out in favor of the hospital to serve its patients according to its beliefs because women can simply go elsewhere.

PatriciaM63 wrote: “I think a Catholic hospital should not be forced to do it because they have a right to their religious belief. She can always go elsewhere. . . . Someday, if and when I need a tubal ligation, I know that the Catholic hospital where I gave birth at would not be the place for me and I respect that. For now, I'm happy with their service, especially with my first child birth and with how they help our community. When I get pregnant with my second child . . . I'll still go to them.”

G-3 opined: “This isn't something that just happened now. Most women in our family have had similar situations for the past 30 years in the DC area (We have a lot of Catholic hospitals; Georgetown, Holy Cross, Providence). They just went to other non-Catholic hospitals to have their tubes tied or lasered. Big Deal. People need to stop crying about everything and grow up.”

Guyslp wrote: “I don't support the Catholic Church's position on contraception (including sterilization) in any way, but I do support their right to run their facilities as they see fit. We have never forced individual physicians or facilities to provide any specific elective medical procedures, nor should we.”

As is the case with forcing Christians to accept same-sex marriage, the American public is largely against compelling people and institutions of faith to violate their conscience.

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