In the aftermath of a rape or sexual assault, time is at a premium for women seeking to deter a possible pregnancy. For this reason, and because of the associated emotional trauma, we believe it is appropriate for the state to require hospitals to provide information about emergency contraception, and offer it to rape victims. This philosophy was the anchor of the Compassionate Care for Rape Victims Bill before an Assembly amendment stripped it of any meaning. We urge the state Legislature to pass the bill in its original form.
The Senate passed the bill by a 27-6 margin in May, seeking to ensure Wisconsin residents a consistent standard of emergency care. Last month, however, the Assembly’s Judiciary and Ethics Committee added a “conscience clause” to the legislation that would allow health care providers to refuse to inform a victim about Plan B or dispense the morning-after pill on ideological grounds. Emergency contraceptives, including “Plan B,” are intended to prevent pregnancy if taken within 72 hours of sexual intercourse and, according to its makers, will not abort an established pregnancy.
In essence, the amendment renders the bill a useless affirmation of the status quo.
A woman suffering the trauma of rape should not have to search among area hospitals for one that carries the morning-after pill. Indeed, our rejection of the proposed amendment is a matter of conscience: No woman should be forced to jump through political and ideological hoops to avoid conceiving a rapist’s baby. Compassion and good conscience require a measure of empathy that is lacking in the Judiciary and Ethics Committee chaired by Rep. Mark Gundrum, R-New Berlin, who considers the bill a First Amendment violation.
His concern is outweighed by the fact that states retain the right to regulate hospitals and basic public services. Religious objections are never an acceptable excuse for a doctor’s failure to provide a basic level of care in emergency situations.
Putting the onus on victims of horrific crimes to conduct research and determine whether a hospital gave them an incomplete set of options is unconscionable. Appropriate venues to mount a cultural or ideological protest are certainly available; a rape victim’s hospital room is not one of them.