The XX Factor: What women really think.

The Right Not To Do Your Job?

Most of the time, the Constitution doesn't let employers refuse to hire people on the basis of religious conviction. This has the comforting ring of a bedrock American freedom. But lately, it's being manipulated. First by pharmacists who say they refuse to dispense emergency contraception on the basis of their religous beliefs. And now  by the Bush administration, which this week ordered family-planning clinics who receive federal grants not to refuse to hire nurses and other medical staff who object to abortion "based on religious beliefs or moral convictions." And not just surgical abortion, but “any of the various procedures—including the prescription, dispensing, and administration of any drug or the performance of any procedure or any other action—that results in the termination of the life of a human being in utero between conception and natural birth, whether before or after implantation.”

There's some serious accordionlike expansion of categories going on here—from objecting to abortion based not only on a religious belief but on a presumably secular moral one. And from D and Cs to emergency contraception. Worse, however, is the way in which the administration's directive feeds into the conflation of religious freedom with the idea that people have a right to a job even if their religious beliefs mean they can't do it. What does a nurse who objects to abortion do in a family-planning clinic? Sit out the procedures she was hired to help with? Hang protesting posters in the waiting room? I don't get it.

There have always been exceptions to the idea that employers can't discriminate. If you need to be Christian or Jewish or Muslim to fill out the four corners of a job description, then you can be denied the position if you're not. Example: An evangelical college can interview only Christians for the post of president. A synagogue can hire only Jewish Hebrew-school teachers. This isn't discrimination, in any legally recognizable sense of the word. Here's the family-planning parallel: If you are a nurse who feels she can't assist at an abortion or give a patient the emergency contraception the doctor prescribed, it doesn't matter whether your refusal is for religious or moral reasons or because you're not in the mood. You can't do the job. Maybe the Bush directive allows for this, in the sense that it's only protecting job candidates who could object to abortion and do the work that's required anyway. They also presumably wouldn't hang graphic posters of fetuses in the waiting room. I hope that's the right interpretation, anyway.