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	<title>Comments on: No conscience clause for California fertility doctors</title>
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	<link>http://overlawyered.com/2008/08/no-conscience-clause-for-california-fertility-doctors/</link>
	<description>Chronicling the high cost of our legal system</description>
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		<title>By: gitarcarver</title>
		<link>http://overlawyered.com/2008/08/no-conscience-clause-for-california-fertility-doctors/comment-page-1/#comment-27702</link>
		<dc:creator>gitarcarver</dc:creator>
		<pubDate>Fri, 22 Aug 2008 18:36:01 +0000</pubDate>
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		<description>&lt;i&gt;Anyone has the right to his or her beliefs, philosophies, religion, etc. But people do not have a right to a license to practice medicine, psychotherapy, pharmacy — hell, apparently not even interior design. The state can put whatever requirements on the license it wants to. That’s the deal. Don’t like it? Find another state.&lt;i&gt;

Under what provision of the Constitution does &quot;licensing of a profession&quot; overrule the First Amendment?</description>
		<content:encoded><![CDATA[<p><i>Anyone has the right to his or her beliefs, philosophies, religion, etc. But people do not have a right to a license to practice medicine, psychotherapy, pharmacy — hell, apparently not even interior design. The state can put whatever requirements on the license it wants to. That’s the deal. Don’t like it? Find another state.</i><i></p>
<p>Under what provision of the Constitution does &#8220;licensing of a profession&#8221; overrule the First Amendment?</i></p>
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		<title>By: Luis</title>
		<link>http://overlawyered.com/2008/08/no-conscience-clause-for-california-fertility-doctors/comment-page-1/#comment-27700</link>
		<dc:creator>Luis</dc:creator>
		<pubDate>Fri, 22 Aug 2008 17:43:11 +0000</pubDate>
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		<description>I&#039;m not sure what the problem is with not allowing conscience clauses.

Anyone has the right to his or her beliefs, philosophies, religion, etc. But people do &lt;i&gt;not&lt;/i&gt; have a right to a license to practice medicine, psychotherapy, pharmacy -- hell, apparently not even interior design. The state can put whatever requirements on the license it wants to. That&#039;s the deal. Don&#039;t like it? Find another state.

Relatedly, my personal curmudgeonly take on this &quot;conscience clause&quot; thing is that conscience clauses are horseshit. If you want the state to hand you a license to practice a profession, then you&#039;d better open your doors to anyone in the state. Don&#039;t want to treat the gays? Then don&#039;t practice medicine. Go do something else. It&#039;s a free country; you can go hole up in the woods somewhere and write antigay screeds to the New York Times. Don&#039;t want to give The Pill to unmarried women? Then don&#039;t be a pharmacist. Be a smarmy youth pastor with too much hair &quot;product&quot; somewhere.

I mean, every time you get a conscientious objector / deserter case these last few years, I hear &quot;Well if he didn&#039;t want to be asked to kill people he shouldn&#039;t&#039;ve joined the damn Army!&quot; Very well then. Can&#039;t we apply that level of &quot;personal responsibility&quot; thinking to people who go to medical school?</description>
		<content:encoded><![CDATA[<p>I&#8217;m not sure what the problem is with not allowing conscience clauses.</p>
<p>Anyone has the right to his or her beliefs, philosophies, religion, etc. But people do <i>not</i> have a right to a license to practice medicine, psychotherapy, pharmacy &#8212; hell, apparently not even interior design. The state can put whatever requirements on the license it wants to. That&#8217;s the deal. Don&#8217;t like it? Find another state.</p>
<p>Relatedly, my personal curmudgeonly take on this &#8220;conscience clause&#8221; thing is that conscience clauses are horseshit. If you want the state to hand you a license to practice a profession, then you&#8217;d better open your doors to anyone in the state. Don&#8217;t want to treat the gays? Then don&#8217;t practice medicine. Go do something else. It&#8217;s a free country; you can go hole up in the woods somewhere and write antigay screeds to the New York Times. Don&#8217;t want to give The Pill to unmarried women? Then don&#8217;t be a pharmacist. Be a smarmy youth pastor with too much hair &#8220;product&#8221; somewhere.</p>
<p>I mean, every time you get a conscientious objector / deserter case these last few years, I hear &#8220;Well if he didn&#8217;t want to be asked to kill people he shouldn&#8217;t've joined the damn Army!&#8221; Very well then. Can&#8217;t we apply that level of &#8220;personal responsibility&#8221; thinking to people who go to medical school?</p>
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		<title>By: John Burgess</title>
		<link>http://overlawyered.com/2008/08/no-conscience-clause-for-california-fertility-doctors/comment-page-1/#comment-27610</link>
		<dc:creator>John Burgess</dc:creator>
		<pubDate>Thu, 21 Aug 2008 16:52:46 +0000</pubDate>
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		<description>Not so facetiously to #2: The state can also require that insurance companies insure said doctors if the insurance companies wish to do any business within the state.</description>
		<content:encoded><![CDATA[<p>Not so facetiously to #2: The state can also require that insurance companies insure said doctors if the insurance companies wish to do any business within the state.</p>
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		<title>By: VMS</title>
		<link>http://overlawyered.com/2008/08/no-conscience-clause-for-california-fertility-doctors/comment-page-1/#comment-27592</link>
		<dc:creator>VMS</dc:creator>
		<pubDate>Thu, 21 Aug 2008 13:57:03 +0000</pubDate>
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		<description>If a physician expressed that (s)he did not wish to treat me, for whatever reason, especially if it involved invidious discrimination, I would not want that person as my doctor, and I would go elsewhere for treatment even if it meant going to another state. See why? I would only support a must treat law for truly emergency treatment, and then, after the patient is stabilized, the physician should be relieved of his or her obligation. 

Facetiously to #2, that can easily be cured by passing a law prohibiting fertility physicians from leaving the state or disbanding their practices.</description>
		<content:encoded><![CDATA[<p>If a physician expressed that (s)he did not wish to treat me, for whatever reason, especially if it involved invidious discrimination, I would not want that person as my doctor, and I would go elsewhere for treatment even if it meant going to another state. See why? I would only support a must treat law for truly emergency treatment, and then, after the patient is stabilized, the physician should be relieved of his or her obligation. </p>
<p>Facetiously to #2, that can easily be cured by passing a law prohibiting fertility physicians from leaving the state or disbanding their practices.</p>
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		<title>By: Jeff</title>
		<link>http://overlawyered.com/2008/08/no-conscience-clause-for-california-fertility-doctors/comment-page-1/#comment-27591</link>
		<dc:creator>Jeff</dc:creator>
		<pubDate>Thu, 21 Aug 2008 13:44:46 +0000</pubDate>
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		<description>Up next, a sudden drop in fertility doctors in California.</description>
		<content:encoded><![CDATA[<p>Up next, a sudden drop in fertility doctors in California.</p>
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		<title>By: Mark</title>
		<link>http://overlawyered.com/2008/08/no-conscience-clause-for-california-fertility-doctors/comment-page-1/#comment-27586</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Thu, 21 Aug 2008 12:25:16 +0000</pubDate>
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		<description>&quot;And of course the legislature in Sacramento could readily help bring peace to the culture war by inserting into the law a generously drafted conscience clause — if it wanted to.&quot;

That is 90% of the problem in California.  90% of the politicians would rather cow-tow to be uninvolved, and let society crumble, than take a politically risky position.  Woe be the politician who does offer word of reason.  They are ostracized.</description>
		<content:encoded><![CDATA[<p>&#8220;And of course the legislature in Sacramento could readily help bring peace to the culture war by inserting into the law a generously drafted conscience clause — if it wanted to.&#8221;</p>
<p>That is 90% of the problem in California.  90% of the politicians would rather cow-tow to be uninvolved, and let society crumble, than take a politically risky position.  Woe be the politician who does offer word of reason.  They are ostracized.</p>
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