Bristol, Tenn.—January 4, 2024—Christian Medical & Dental Associations (CMDA), which is the nation’s largest faith-based professional healthcare association, today announced a pivotal victory  from the U.S. Court of Appeals for the 5th Circuit that protects the conscience freedoms of healthcare professionals from being forced to perform abortions.

“Abortion is not healthcare, and this move by the federal government was specifically designed to force doctors to perform abortions,” said CMDA Senior Vice President of Bioethics and Public Policy Jeffrey Barrows, DO, MA (Ethics), who is an OB/Gyn. “Healthcare professionals are focused on trying to save their patients—not on trying to end the lives of the unborn. This grievous attempt by HHS puts our patients at risk, and the appeals court rightly agreed that it is illegal. This decision protects our most fundamental, constitutional freedoms of conscience, speech and exercise of faith.”

In State of Texas v. Becerra, CMDA joined the American Association of Pro-life Obstetricians and Gynecologists (AAPLOG) to stop the U.S. Department of Health and Human Services (HHS) from attempting to employ the Emergency Medical Treatment and Labor Act (EMTALA) to force physicians capable of performing elective abortions to provide elective abortions in the emergency room. A federal district court issued an order in August and December 2022 that blocked this attempt by HHS in Texas and for all of CMDA’s and AAPLOG’s members, and the appeals court unanimously agreed with this decision.

This ruling applies in the state of Texas and to the members of AAPLOG and CMDA located around the country, strengthening conscience freedoms for thousands of healthcare professionals in countless emergency rooms and hospitals across the United States.

“Hospitals—especially emergency rooms—are tasked with preserving life. The 5th Circuit correctly ruled that the federal government has no business transforming them into abortion clinics,” said ADF Senior Vice President of Strategic Initiatives Ryan Bangert, who argued before the court. “Doctors shouldn’t be forced to break the Hippocratic Oath, and they shouldn’t have to choose between violating their deeply held beliefs or facing stiff financial penalties and being barred from the federally funded health programs. Emergency room physicians can, and do, treat life-threatening conditions such as ectopic pregnancies. But elective abortion is not life-saving care—it ends the life of the unborn child—and the government has no authority to force doctors to perform these dangerous procedures. We are pleased that the courts are allowing emergency rooms to fulfill their primary function—saving lives.”

CMDA is represented in this case by Alliance Defending Freedom (ADF), the world’s largest legal organization committed to protecting religious freedom, free speech, the sanctity of life, parental rights and God’s design for marriage and family.

CMDA has a position statement on abortion, which is available at cmda.org/ethics. This statement was developed by CMDA’s Ethics Committee and officially adopted by the organization. For more information about CMDA, visit cmda.org.

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