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Christian legal group alleges Vanderbilt nursing program violates federal abortion law

Update: Vanderbilt has changed the application following the complaints.

Vanderbilt University’s nursing program requires applicants to agree to participate in abortion procedures and therefore violates federal law, according to a civil rights complaint filed on January 11, by the Alliance Defense Fund, a Christian legal organization.

An applicant to the program filed a second complaint on Tuesday afternoon.

The ADF filed the first complaint with the federal Department of Health and Human Services Office for Civil Rights on behalf of an unnamed Mississippi woman, who claims that the application materials violates a federal law that states recipients of federal funds cannot require someone to perform or assist in abortions if it violates his or her religious beliefs or moral convictions.

Vanderbilt University Medical Center received $313.6 million of discretionary funding in the 2008, fifteenth on the list according to an HHS list of the top 50 recipients.

The university has denied the charges.

“The specific issue here is the language of acknowledgment that says applicants will be expected to care for women undergoing termination of pregnancy,” said David French, senior counsel for the Alliance Defense Fund. “That is in clear violation of federal law.”

According to French, VUMC is in violation of the Church amendment, which states that no entity which receives federal funding may deny admission or otherwise discriminate against any applicant, including applicants for internships and residencies, for training or study because of the applicant’s reluctance to counsel, suggest, recommend, assist, or in any way participate in the performance of abortions or sterilizations contrary to the applicant’s religious beliefs or moral convictions.

The specific language in the application under question is a clause stating, “If you are chosen for the Nurse Residency Program in the Women’s Health track, you will be expected to care for women undergoing termination of pregnancy.”

“It is important that you are aware of this aspect of care and give careful consideration to your ability to provide compassionate care to women in these situations,” the application reads. “If you feel you cannot provide care to women during this type of event, we encourage you to apply to a different track of the Nurse Residency Program to explore opportunities that may best fit your skills and career goals.”

The acknowledgment does not indicate any form of exemption for pro-life applicants.

At the bottom of the form, the applicant must sign that they are aware they may be performing nurse care for patients having the procedures listed. According to the university’s website, if the acknowledgement is not signed, the application is incomplete and cannot be considered for review.

“If I am pro-life and there is no indication of an exemption on this form, I am most likely not going to sign the document,” French said.

VUMC spokesman John Howser told the Tennessean that the acknowledgment was created to inform applicants that they will be asked to provide care to women who have had, or are seeking, abortions. It does not mean to suggest that residents with religious or moral objections will be required to participate in the actual procedures, he said.

According to Howser, a long-standing policy exists at the university that exempts employees, including nurse residents, from participating in activities due to religious beliefs, ethical beliefs or other associated reasons.

“This policy also applies to applicants to our nursing residency program who may be requested to participate in the care of women who seek medical care associated with the termination of pregnancy,” Howser told the Tennessean.

The Alliance Defense Fund has requested that HHS take action in time for Vanderbilt’s Jan. 28 deadline for the summer nursing residency.

Kyle Blaine is the news editor of the Vanderbilt Hustler. He is a member of the Student Free Press Association.

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