Health care workers can breath a big sigh of relief now that the Department of Health and Human Services will be removing the daily coercion they face just by being asked to uphold the standards of their profession. I mean, it's not like they freely chose to do this kind of work or had any warning of the kinds of ethical dilemmas they might face, and it isn't as if people whose very lives may depend on them implicitly trust their judgment and follow their directives. So kudos to the Bush administration for setting right a huge injustice. PDF here.
Some have raised possibilities of other types of workers gaining the same protections for their moral standards. I think it's a great idea. One neglected group of workers who really need protection like this is sex workers. With minor adjustment, parts of today's rule seem almost written for them:
The Department of Health and Human Services proposes to promulgate regulations to ensure that the federal government does not support morally coercive or discriminatory practices or policies in violation of federal law....
So far, so good.
I. Background
Religious liberty and freedom of conscience have long been protected in the Constitution and laws of the United States. Workers in all sectors of the economy [my emphasis] enjoy legal protection of their consciences and religious liberties. In federal law, there are several provisions that prohibit coercion of individuals in the sex trade into participating in actions they find religiously or morally objectionable. These same provisions also prohibit discrimination on the basis of one’s objection to, participation in, or refusal to participate in, specific sexual acts, including [portion redacted for Federal Register publication]. In addition, there is a provision that prohibits the federal governments and state and local governments from discriminating against individual and corporate providers who refuse, among other things, to [portion redacted], require or provide [withheld pending court ruling], perform [redacted], or refer for or make arrangements for [removed in compliance with FCC].
Now, I'm sure many here feel, as I do, that [portion redacted to comply with internet provider TOS] is perfectly natural, and moreover a matter of individual choice. Ridiculous attempts by the government to interfere with what people do in the privacy of their own toolsheds must always be met with vigorous opposition. By the same token, however, I think individual choice should extend to those who do not choose to [redacted]. Not everyone shares the more enlightened views commonly found in the netroots. We need to respect and reach across to people whose religious or cultural background bids them choose differently. Are you with me? Okay, here's more:
The Problem
There appears to be an attitude toward the sex trade that sex workers and their employers should be required to provide or assist in the provision of sexual acts to which they object, or else risk being subjected to discrimination. Reflecting this attitude, in some instances the standards of their trade have been used to define the exercise of conscience to be unprofessional, forcing sex work professionals to choose between their capacity to practice their trade in good standing and their right of conscience.
Despite the fact that several conscience statutes protecting sex work entities from discrimination have been in existence for decades, the Department is concerned that the public and many sex workers are largely uninformed of the protections afforded to individuals and business entities under these provisions. This lack of knowledge within the sex work professions can be detrimental to conscience and other rights, particularly for individuals and entities with moral objections to [redacted] and other sexual practices.
The Department’s Response
In general, the Department is concerned that the development of an environment in the sex work field that is intolerant of individual conscience, certain religious beliefs, ethnic and cultural traditions, and moral convictions may discourage individuals from diverse backgrounds from entering sex work. Such developments also promote the mistaken beliefs that rights of conscience and self-determination extend to all persons, except sex workers.... A trend that isolates and excludes some among various religious, cultural, and/or ethnic groups from participating in the delivery of sex for hire is especially troublesome when considering current and anticipated shortages of sex work professionals facing the country.
Wow, it doesn't get more clear-cut than this. The whole idea that some people might be excluded from their chosen profession based on religion or culture is, in this day and age, appalling. Of course, the proposed rules would only apply to those who seek or receive federal funds. Oh well, it's a start, and considering the number of horny government hacks who wanna' get **bleep** in **bleep-bleepity bleep**, a not insignificant one.