Conscientious objection and LGBTQ discrimination in the United States

Brummett, Abram; Campo‐Engelstein, Lisa

doi:10.1057/s41271-021-00281-2

Cited by 15 publications

(8 citation statements)

References 10 publications

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“…Table 1 displays other categories of gender affirmation that are considered “medically necessary” by providers and payers (at least for some indications) 42 . For each type of gender‐affirming care that transgender people receive, there are similar interventions provided to cisgender people 43 …”

Section: Cis and Trans Gender Affirmationmentioning

confidence: 99%

Gender‐Affirming Care for Cisgender People

Schall¹,

Moses²

2023

Hastings Center Report

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Gender‐affirming care is almost exclusively discussed in connection with transgender medicine. However, this article argues that such care predominates among cisgender patients, people whose gender identity matches their sex assigned at birth. To advance this argument, we trace historical shifts in transgender medicine since the 1950s to identify central components of “gender‐affirming care” that distinguish it from previous therapeutic models, such as “sex reassignment.” Next, we sketch two historical cases—reconstructive mammoplasty and testicular implants—to show how cisgender patients offered justifications grounded in authenticity and gender affirmation that closely mirror rationales supporting gender‐affirming care for transgender people. The comparison exposes significant disparities in contemporary health policy regarding care for cis and trans patients. We consider two possible objections to the analogy we draw, but ultimately argue that these disparities are rooted in “trans exceptionalism” that produces demonstrable harm..

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Section: Cis and Trans Gender Affirmationmentioning

confidence: 99%

Gender‐Affirming Care for Cisgender People

Schall¹,

Moses²

2023

Hastings Center Report

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“…Conscientious objection in health care refers to a health care professional’s “refusal to provide certain types of legal health care services to a patient based upon the provider’s personal moral, ethical, or religious beliefs.”30 While commonly applied to abortion, it has also been invoked regarding elective sterilization, emergency contraception, physician-assisted death, and in caring for LGBTQ+ patients 31. Similarly, in anesthesiology, it may be used to refrain from the care of patients seeking abortion or who refuse blood transfusion.…”

Section: Conscientious Objection and Discrimination When Providing Ca...mentioning

confidence: 99%

“…30 While commonly applied to abortion, it has also been invoked regarding elective sterilization, emergency contraception, physician-assisted death, and in caring for LGBTQ + patients. 31 Similarly, in anesthesiology, it may be used to refrain from the care of patients seeking abortion or who refuse blood transfusion.…”

Section: Conscientious Objection and Discrimination When Providing Ca...mentioning

confidence: 99%

“…Refusal to provide care for a transgender patient solely because of their gender identity would be considered an objection against working with an entire group of people and, therefore, not justifiable. In contrast, an anesthesiologist's objection to providing anesthesia for a specific gender-affirming surgery may not necessarily be discriminatory if they would morally object to the same procedure being performed for other types of people, 31 but there is risk that it might be used to mask discriminatory intentions. All anesthesiologists should be expected to approach every patient with dignity, which at minimum includes respecting a patient's pronouns and chosen name while refraining from misgendering, deadnaming, or using other stigmatizing language.…”

Section: Conscientious Objection and Discrimination When Providing Ca...mentioning

confidence: 99%

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Current challenges faced by transgender and gender-diverse patients and providers in anesthesiology

Reece‐Nguyen

Tollinche

Rooyen

et al. 2022

International Anesthesiology Clinics

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“…Although there has been considerable progress regarding the acceptance and protection of gay, lesbian, bisexual, transgender, and non-binary gender individuals (hereinafter ‘individuals of sexual and gender minority’, SGM), they still suffer from substantial discrimination and disparities regarding their access to healthcare [ 1 , 2 ], especially in the case of transsexual persons and their access to transition-related care [ 3 ]. SGM individuals also report experiences of discrimination by healthcare providers [ 4 , 5 ], who often lack specific and adequate training concerning the needs of SGM individuals [ 6 , 7 , 8 ]. Although higher levels of knowledge regarding SGM individuals have been found to be correlated with more positive attitudes towards SGM persons [ 9 ], individual cases of discrimination in healthcare can be based on healthcare professionals’ moral convictions and attitudes.…”

Section: Introductionmentioning

confidence: 99%

Restriction of Access to Healthcare and Discrimination of Individuals of Sexual and Gender Minority: An Analysis of Judgments of the European Court of Human Rights from an Ethical Perspective

Skuban

Orzechowski

Steger

2022

IJERPH

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Individuals of sexual and gender minority (SGM) form a vulnerable group with specific healthcare needs that might be prone to experience discrimination and restrictions regarding their access to healthcare. As the judgments of the European Court of Human Rights (ECtHR) offer a normative perspective on these issues, we analyzed them systematically (1) to identify whether and in what manner ECtHR’s judgments concern restriction of access to healthcare for SGM individuals and (2) to identify and categorize the ways of discrimination to which SGM individuals are exposed. We conducted a systematic search of the database of the ECtHR’s judgments with the use of specified search terms. Descriptive statistics were performed on the identified judgments. Subsequently, we analyzed the judgments with the use of a qualitative method of thematic analysis. We identified n = 73 cases relevant for our study. In n = 7 (9.59%) of judgments, we found limitations of access to healthcare for SGM individuals, e.g., in cases of restrictions for transsexual individuals to receive hormone or surgical therapy. We regard this as a specific form of discrimination. Furthermore, we identified five other categories of discrimination: restriction of parental rights, failure to respect one’s gender identity/sexual orientation, discrimination by jurisdiction, prohibition of promotion, and verbal/physical attacks. The ECtHR proves to have a balanced view on the sensitive topic of sexual self-determination condemning any form of discrimination or restriction of access to healthcare. However, there is a need for further research on discriminatory acts by other individuals, e.g., healthcare providers, rather than by public authorities.

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Conscientious objection and LGBTQ discrimination in the United States

Cited by 15 publications

References 10 publications

Gender‐Affirming Care for Cisgender People

Gender‐Affirming Care for Cisgender People

Current challenges faced by transgender and gender-diverse patients and providers in anesthesiology

Restriction of Access to Healthcare and Discrimination of Individuals of Sexual and Gender Minority: An Analysis of Judgments of the European Court of Human Rights from an Ethical Perspective

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