“A conscientious objector (CO) is an individual who, on religious, moral or ethical grounds, refuses to participate as a combatant in war or, in some cases, to take any role that would support a combatant organization…”
- Wikipedia
Any refusal to perform a task on religious, moral or ethical grounds could be viewed as conscientious objection. Consider the case of the pharmacy workers who refused to dispense birth control pills a few years ago. When that hit the papers and the network news, all Hell broke loose! Bills were introduced in several state legislatures to “protect” employees from being fired for failure to dispense a drug if it violated their religious beliefs.
The uproar has died down, but the issue remains unresolved. Should an employee be permitted to refuse to do things that are part of his “usual and customary” tasks for personal reasons?
It is tempting to resort to the easy answer via reductio ad absurdum. A Mormon could get a job in a liquor store and refuse to touch a single bottle of booze. A Vegan wouldn’t have to lift a finger if he worked at an Outback steak house…or a butcher shop. These examples show the absurdity of such a law, even if it were drawn narrowly to encompass only objections to birth control by certain sects of the Christian religion.
There is a broader issue here that needs to be examined: Our nation has, as one of its founding principles, freedom of religion. But does an individual, in practicing his religion, have the right to do harm to others?
In the legal sense, “harm” is synonymous with “injustice,” which is defined as an act that causes persons to suffer hardship or loss undeservedly. Such actions are subject to legal redress. So if a law were passed that indemnified an employee in a pharmacy against loss of job or legal action for imposing his religious views on customers, it would, in effect, extend religious freedom far beyond anything envisioned by the framers of our Constitution. In fact, such a law would seem to be in direct violation of the “establishment Clause” in Article 1.
While the issue of employee protection seems quite clear-cut, there is another facet to this discussion: What about the pharmacy owner who refuses to dispense certain drugs, or even carry condoms in his store? Can he be required to provide certain products, even if they violate his religious views? Or more generally, can he be required to stock any product that he does not want in his store for any reason?
In general, government does not interfere in commerce at this level of detail, unless the provider is the sole source available…e.g., public utilities. A pharmacy would not normally fall in this category, although some situations could result in a de facto monopoly…rural areas with pharmacies separated by long distances, poor people without access to transportation, etc. In these cases, a pharmacy unwilling to carry birth control pills would make them virtually unavailable to some of their customers.
If you think this is a murky area without a clear solution, go back and look again at the wartime conscientious objector. Using the above criteria, I would argue that (s)he should not be permitted to take any action that harms others. Does refusal to carry a rifle cause harm to others? Consider for a moment what would happen if ALL young men and women refused to participate in combat. At the current state of human social development, that could be very threatening to the security of our nation! (Unless everyone else in the world agreed to the same principle. Wouldn’t that be nice!)
So, it could be argued that the Conscientious Objector does in fact harm society with his/her beliefs.
I must confess: That is not a conclusion that I intended when I started this article.
Sometimes, logic can take you to the precipice whether you like it or not.
Or, as one sage put it: (and being Irish, he should know!)
Logic, like whiskey, loses its beneficial effect when taken in too large quantities.
-Lord Dunsany


Comments: 18
So...can you, as a business owner, really refuse service to anyone you wish? Nope. This is pretty much covered in the Civil Rights Act of 1964...but the act is categorical (race, color, religion or national origin...and later, those with disabilities became covered.."Americans with Disabilities Act). Individual exceptions can be made if certain criteria are present...unruly customer, a customer whose odor would drive other customers away and other non-discriminatory business concerns.
So is the pharmacist within his rights to NOT sell birth control pills to an UNMARRIED woman? NOT if he sells them to married women. Does the pharmacist have the right to not sell birth control pills at all. In my opinion..yes. Just as certain stores in my area have chosen to not sell state lottery tickets or beer or whatever. The reason is not the issue. It is a privately owned store and if the owner is willing to lose the portion of business that certain items represent...that should be his prerogative.
If a pharmacist DOES sell birth control pills however, no person in his employ should be allowed to refuse to sell the pills. It is the owners call. I don't think the argument for the distance factor makes any difference...quoting Bert.."rural areas with pharmacies separated by long distances, poor people without access to transportation, etc. In these cases, a pharmacy unwilling to carry birth control pills would make them virtually unavailable to some of their customers." Can we FORCE a doctor to open a clinic in a rural area, for example, just because there are no other medical facilities in that area?
In short...if you don't believe in eating meat...don't look for a job at a butcher shop and then refuse to work. If you object to war...don't join the military and if you don't want to sell condoms...why would you want to work in a drug store or a that does sell them? More over...who the hell has the right to decide any part, aspect or personal matter of another person's?
I am pretty much in agreement with you, Michael. I do think that some provision has to be made in cases like the one you repeated, where some people might be deprived of access to prescribed medications or other products due to personal circumstances. But that is a solvable problem without infringing on the rights of the business owner to run his business as he see fit.
It is only in the past few years, that the fundamentalist rhetoric has escalated to the point where people would consider making a fuss about such a thing. You can blame that on the Pat Robertsons and James Dobsons and their like, who constantly repeat their claim that this is a "Kristchun Nayshun," and that everyone should be forced to live by their narrow and intolerant creed.
Exactly. And this is why I will remain vigilant and vocal about this problem.
That said, I also faced a similar issue in my young professional life - not about dispensing a drug, but about whether I would refer patients for abortions. It is not the same issue, since conscientious objection primarily is an issue about oneself and primarioy affects oneself. Taking an ethical stance, which opposes accepted practice, doesn't primarily affect oneself, and that is really the point of such a decision anyway.
I don't oppose professionals making reasoned ethical decisions as long as they are transparent and adequately communicated. People have a right to know what you will and won't do. I also think that "accepted practice" has to allow for the ethical choices of individual practitioners - otherwise professional "codes of ethics" are themselves unethical.
Finally, conscientious objection CAN ONLY take place in the context of a draft, because otherwise there is no compelling demand that one should violate one's own ethical principles. Indeed, conscientious objection is spoken of (to my knowledge) only within the context of the selective service laws.
I DO object to the actions of any person who causes harm to others because of their personal moral or ethical beliefs, because at the core, it is an attempt to force those beliefs on others. If I oppose drinking, does it hurt me to drive a beer truck? No, my beliefs are still intact. It is the projection of my beliefs onto others that is the problem, and that is my problem, not the beer drinkers' problem.
If I can't deal with that, I shouldn't drive a beer truck.
So, to answer (from my perspective)...
I disagree that "conscientious objector" only applies to draftees - let me explain. First, why you joined may not be what you got in life. That happens all the time outside of the military, but if you have a job you don't like, you can quit and get a different one. That's not an option in the military. They tell young impressionable kids a great deal to entice them into the military - they need to because it's all voluntary and it's tough work for minimal pay - but I think it's not unreasonable that someone sold on the job skills they'll learn and the exciting places they'll live might quickly decide that the other aspects were more than they were happy with. People have a tendency to say suck it up, but not everyone thrives in a regulated world where one has little to no control over any aspect. Secondly, let's say the military lifestyle, etc. suits you down to the ground. You love it. Except, when you get out in the field, perhaps even in exercises, you find that pulling the trigger on another person isn't what you thought, isn't something you can bring yourself to do, not even to save yourself or another soldier. Perhaps you think that's a lack in someone. I don't. Killing someone else is a big decision, it's hell and gone on that hurting someone scale and not everyone is capable of doing so whether they need to (think Hawkeye Pierce). Perhaps you can beat/drill/brainwash someone into it, but is that really a good thing? Perhaps you can make them strap on a gun and send them out anyway, but are you doing them or their fellow soldiers a favor? Thirdly, and our current war is an excellent example, let's say you're more than capable of doing a soldier's job, but don't believe in the war we're in. One needn't say you shouldn't have joined. Hundreds/thousands of patriotic youths joined the military after 9/11 or to wage war on Bin Laden without knowing Bush would attack Iraq. I could readily see a difference in many a soldier's eye from going into Europe and freeing it from Nazi Germany and going into an independent country and deposing its leader (however heinous)/occupying it under false pretenses. There is a difference between killing another soldier and bombing villages. In this kind of warfare, the bad guys don't wear convenient uniforms and protecting oneself effectively may entail killing a number of good guys, including children and women and other innocents. I can see not willing to be party to that if you felt your actions would do harm. Remember, if there is a maker or if one just reflects on one's own life, Bush won't be there to take the blame. In the end, we're all responsible for our actions.
Conscientious objector takes on a different flavor in the world of voluntary labor. I've felt ethically challenged in jobs. I switched jobs. I do not hold with people putting others at risk, though I'm less convinced that's likely than you are. I don't know even a podunk town that doesn't have access to multiple pharmacies (most grocery stores have them now, too) aside from mail order. I don't think people should be paid for a job they don't do, like refusing to serve alcohol in a bar or refusal to serve food in a barbecue place for a vegan, but I don't see any reason for people to avoid a job that challenges their belief systems.
Do I think doctors can refuse to perform abortions or prescribe birth control (I had a GP who wouldn't but referred me to an OB/GYN)? Yep. Do I think a pharmacy can refuse to carry them? Yep, but they'll lose business. And I'm not going to lose sleep over it. No one really can say what drugs a drugstore must have on their shelves. Most willingly cover the bases, but, if they choose not to, that's just business they will lose out on.
If I'm going to get myself worked up, I'll save it for the doctor/hospitals/pharmacies who won't treat someone because they don't have the right insurance. If something's going to get my dander up, that, to me, is a much bigger deal and far more heinous.
I am "worked up" about the principle involved...doing harm to others by self righteously imposing one's beliefs on them is wrong. I view it as another facet in the escalating aggression by the Religious Right, and their attempt to impose their Bible-based views on everyone. Like many secular individuals, I feel we can no longer ignore this "creeping evangelism." We have to push back.
That's why transperancy is so important. I don't think a pharmacist, who refuses to rx drugs on ethical grounds, is forcing his/her beliefs on others - IF those practices are fully and prominently disclosed. As Stephanie says, most places are going to have options and those disclosures will affect one's business.
Stephanie: "I disagree that "conscientious objector" only applies to draftees - let me explain."
You bring up some good points. No doubt that one cannot leave the military if they suddenly become aware that their values don't entail killing others. I wonder, though, that anyone seriously doesn't understand the military's primary function when enlisting - to fight wars. The military does understand that people are not "hard-wired" to kill (most, that is), and so there is great investment in training - or as I think of it, sociopathic education, from which individual soldiers must be rehabilitated upon returning to civilian life. But however valid your points are, I still maintain a draft is an entirely different phenomenon. Military coercion or conscription tries to take away one's choice even about joining the military. Fortunately, that's not an issue for young folks today (at least, not yet).
Stephanie: "If I'm going to get myself worked up, I'll save it for the doctor/hospitals/pharmacies who won't treat someone because they don't have the right insurance."
And the fact that so many don't even have insurance. Of course, I live in the state that is first in obesity and diabetes - so much could be said about improving "conscientious practice" with regard to one's own health, as well.
Things have gotten a bit muddled here. Let me try to clarify. There are two issues: Pharmacy employees who refuse to fill certain prescriptions, and pharmacy owners who refuse to fill certain prescriptions or carry certain products. In the first case, the question is whether the employee can be "protected" from being fired for not doing his/her job. I maintain that no amount of "transparency" is sufficient to protect them if they fail to do their job. But that is probably a moot issue, because a pharmacy owner would not hire a person who "transparently" disclosed their views unless he agreed with them.
In the second case, the pharmacy owner...I agree with you.
Again, it seems silly to get worked into a lather for seven pharmacists nationwide and a handful of other extremists that welcome this kind of publicity to make up for the revenue loss from their unhealthy attitudes. Most of these folks, in my opinion, do little actual harm. I still prefer to focus on those that DO actual damage.
And by the way, I DON'T support employees who refuse to perform their job. If they won't do it, fire 'em. Shouldn't take a job unless you're willing to do the work.
No doubt. Maybe the differentiation should be the one Jesus makes - and zen makes.... Take the speck out of one's own eye before attempting to remove it from others. I don't know that religion (or ethics, for that matter) should deal with "those other people," but should be a way for one to manage one's own life. I don't know what you would call trying to manage other people's lives - except, maybe, meddling.
Bert: "There are two issues...."
Sorry, I was just addressing the issue as it relates to pharmacists. Otherwise, I would agree with Stephanie. No one guarantees anyone a job, and people should know the terms of employment.
Another interesting discussion. Perhaps this is another (although related) subject, but I find in interesting that we ascribe a right to a company (the pharmacy) to include its owners' religious in its business, but not the employee. Why is it OK for the store to refuse to carry a legal medication, but not OK for the employee to refuse to dispense it?
I'm on vacatiobn where internet isn't readily available, so I guess Stephanie won't get back to this, but hopefully Bert will check back in.
The question of "all" those young eligible refusing to participate in war, is immaterial. If they did, and that endangered the others in their society, those others would simply have to face the war they wished fought, themselves. That's life, honest. The "mind police" can charge and condemn, but cannot hold their prisoners.
You raise a good point, and I admit I do not know the answer...employee vs. employer.
I sorta feel that an employee who refuses to do his job should be fired, but a businessman should not be subject to moral (or other) restrictions on how he conducts his business. But, of course that's not quite correct. A business cannot refuse to serve a person on racial or ethnic grounds. Should that be extended to "moral" grounds? I honestly do not know.
John...so I guess you are saying...if they don't want to be in the military, fine. Let the others citizens who are "patriotic" pick up the rifle. I do not necessarily disagree with that...but the logical result is that some of the citizens who feel that military action is required to protect the nation will be the ones sacrificed, and others who want to "save their skins" can sit at home without any penalty. Is that fair? Is it right?
I am having a lot of trouble sorting it out.