The U.S. Department of Health and Human Services is bringing the hammer down on a Vermont medical center after it allegedly forced a nurse in 2018 to assist in performing an abortion over her conscientious objections.

HHS has ruled that it is a clear violation of the Church Amendments, named for the late Sen. Frank Church of Idaho. The amendments, enacted immediately after Roe v. Wade, protect individuals specifically from having to participate in activities that violate their "religious beliefs or moral convictions."

The nurse, whose name has not been released, filed a complaint on May 9, 2018, alleging she was coerced into participating in an abortion despite stating explicitly her moral objections to being included in such activities.

HHS investigators claim they discovered in a subsequent review of the alleged incident that the Vermont medical center “has discriminatory policies that assign or require employees to assist abortion procedures even after they have recorded their religious or moral objections to assisting in the performance of such abortions.” Federal investigators also say the medical center in Burlington, Vermont, refused to conform its policies to federal law and that it also stonewalled the multiple documents and interview requests.

The federal agency’s Office for Civil Rights announced this week that it has issued a Notice of Violation letter to the University of Vermont Medical Center, explaining the decision comes after a “thorough investigation and prolonged attempts to resolve the matter.”

HHS’ civil rights office has notified the University of Vermont Medical Center that it has two choices: “Conform its policies to the Church Amendments and take other corrective action” or “face potential action by the HHS component from which [it] has received federal funding.”

“Forcing medical staff to assist in the taking of human life inflicts a moral injury on them that is not only unnecessary and wrong, it violates longstanding federal law. Our investigation has uncovered serious discrimination by UVMMC against nurses and staff who cannot, in good conscience, assist in elective abortions,” said Roger Severino, the director of HHS’ civil rights division.

He adds, “We stand ready to assist UVMMC in changing its policies and procedures to respect conscience rights and remedy the effects of its discrimination.”

From filing a complaint in May 2018 to having HHS announce its determination in August 2019 is some exceptionally fast turnaround time, especially for a federal agency. It certainly is quite different from the case of Cathy DeCarlo, a Catholic nurse who was forced in 2009 to assist in an abortion, despite her conscience-based objections. DeCarlo filed a complaint with the Department of Health and Human Services that same year. It took the federal agency nearly three years to close its investigation.

The president of the pro-life activist group Susan B. Anthony List praised HHS’ announcement this week.

“Abortion is not health care, and we are thankful to President Trump and HHS Secretary Azar for leading the charge to protect conscience rights,” said Marjorie Dannenfelser. “When the Conscience and Religious Freedom Division of the Office of Civil Rights was established at HHS last year, it showed the Trump administration is serious about investigating and addressing conscience violations.”

She added, "As some states attempt to expand abortion on demand through birth, with no conscience protections whatsoever, it’s more important than ever for pro-life health care professionals and institutions to know they are not alone in their fight against discrimination ... Once again, we urge Congress to enact a private right of action so victims can seek relief in court in the future, no matter who holds power in Washington."

