Mann’s doctor recommended the procedure as future pregnancy would pose a health risk due to the brain tumor, ACLU said in a statement. Mercy Medical Center, a Catholic hospital in Northern California, recently relented and allowed a woman to have a tubal when the ACLU threatened to sue for sex discrimination under state law. In addition to challenging Church Amendment protections, she notes that “Section 1557’s commitments to healthcare access may represent a compelling interest” that courts would have to weigh seriously when considering reproductive health-related claims under the Religious Freedom Restoration Act.
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Having had her request turned down by the Genesys Regional Medical Center, Jessica Mann is now looking for another hospital to deliver her child and have her tubes tied during the intervention.
On Friday, she filed a complaint in the form of a letter and sent it through the American Civil Liberties Union. The hospital denied the request on religious grounds, but the ACLU is contesting the decision.
The bolded, italicized pull quote in the story came from ACLU staff attorney Brigitte Amiri, who implied Catholics oppose women’s health: “These ethical and religious directives single out women and care that women need.” . I’m sure Mann didn’t see that brain tumor coming! In a lawsuit filed against the bishops’ group, Means argues that the hospital failed to discuss with her the possibility of terminating her pregnancy and instead gave her false hope that the fetus could be saved. But he says the company follows the “ethical and religious directives” of the Catholic church. Instead, she contracted an infection and miscarried. At the recommendation of her obstetrician and a maternal fetal medicine specialist, she decided to opt for a tubal ligation (to get her tubes tied) while under anesthesia, immediately after giving birth. And so, depending on what kind of health insurance you have, it could be hard to find a non-religious-affiliated hospital.
Mann had heard that Genesys had changed their policies past year and that the tubal ligation would have to be specially requested.
The hospital had indicated it would make some exceptions to the policy for medical reasons, so Mann requested one in May.
Catholic hospitals’ ability to refuse sterilizations is generally considered “ironclad” reports the Washington Post. But early this month, her doctor informed her that the hospital had said no. Somashekhar and the Post never found any relevance in this easily found fact.
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Catholic hospitals are taking up a growing portion of the US market share as provider networks grow and absorb other hospitals. “Moreover, at 33 weeks pregnant, Ms. Mann should not have to endure the stress of pleading with Genesys administrators to obtain routine medical procedure that she needs to protect her life”. “Just getting prepared to have her in my arms”, Jessica said in a video provided by the ACLU. “But I have the support of my husband and my doctor, so I can’t let it affect me too much”.
