THE CONSCIENTIOUS WAR ON WOMEN: COMPLICITY-BASED CONSCIENCE CLAIMS AND CONSCIENTIOUS OBJECTION IN REPRODUCTIVE HEALTH CARE

Abstract

Citing their own personal moral beliefs, some health care providers refuse to provide certain reproductive services, like prescribing contraception or performing abortions. This refusal has contributed to a reproductive health care crisis in the United States that disproportionately affects rural and low-income women. This thesis evaluates whether conscientious objection and complicity-based conscience claims in reproductive health care should be protected under First Amendment freedom of religious expression. In the paper, I differentiate between conscientious objection and complicity-based conscience claims in the context of reproductive health care. I evaluate the current state of reproductive care in the U.S., along with U.S. Federal law and case law, to argue that complicity-based conscience claims in reproductive health care should not be protected, however conscientious objections may be.