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55 Wake Forest L. Rev. 717

Conscience Clauses and the Right of Refusal: The War Between Legal and Ethical Responsibility

Olivia Rojas

In the decades following the legalization of abortion, contention over abortion practices continues to plague the United States.  In this pursuit, conscience protections present a unique challenge for patients and practitioners alike.  Framed as an effort to accommodate moral, ethical, and religious freedoms, conscience protections have implicitly created another avenue oftentimes utilized to deny abortion services.  The question remains as to how society can navigate these conscience objections, mainly rooted in religious freedom, while also providing necessary healthcare services.  Currently, conscience protections function as a barrier to an effective patient-provider relationship. Through the lens of a North Carolina abortion statute, this Note attempts to facilitate a conversation surrounding the use of conscience clauses in the US healthcare system, as well as provide potential safeguards for the interests of patients and practitioners involved in abortion services. 

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Topics: Issue 3
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