Skip to comments.La. Supreme Court rejects hospitalís appeal in nurseís rights of conscience lawsuit
Posted on 05/22/2009 3:30:45 AM PDT by Man50D
The Louisiana Supreme Court Friday declined to hear an appeal by St. Tammany Parish Hospital in a nurses lawsuit filed by ADF attorneys and an ADF-allied attorney. A trial judge had ruled against issuing summary judgment in favor of the hospital, so that decision will stand. The nurse, Toni Lemly, sued the hospital in 2005 after it refused to grant a reasonable accommodation for her religious beliefs.
Pro-life medical personnel shouldnt be penalized for their beliefs, said ADF-allied attorney Brian Arabie of Lake Charles. The hospital acted unlawfully when it refused to make a reasonable accommodation for Ms. Lemly and instead terminated her full-time position.
Lemly informed hospital staff that she objected to administering the morning after abortion pill because of her religious beliefs. In response, St. Tammany Parish Hospital fired Lemly from her full-time position and reduced her to part-time status, working only three days a week. Her demotion resulted in a significant reduction in pay and the loss of employee benefits. The hospital declined several reasonable suggestions made by Lemly, a nurse for 23 years, that would have enabled the facility to continue administering the pill while allowing her to abstain from dispensing it herself. The hospital chose not to act on any of her suggestions.
The lawsuit, Lemly v. St. Tammany Parish Hospital District No. 1, was filed in the 22nd Judicial District Court for the Parish of St. Tammany in June 2005. The court denied the hospitals motion for summary judgment in January 2007.
Toni provided St. Tammany Parish Hospital with options that would have accommodated both her full-time position and their wish to distribute the morning-after abortion pill, Arabie said. Instead, the hospital chose to engage in discrimination based on her courageous commitment to the unborn. We are hopeful that the hospital will change course, do whats right for a dedicated nurse and her constitutional rights, and discontinue the need for any further litigation.
H.B. 517, a bill that would protect health care providers rights of conscience, passed the Louisiana House of Representatives Tuesday and now goes to the Senate. Also awaiting Senate approval, after overwhelming approval by the House, is H.B. 340, a constitutional amendment that would protect religious liberty rights from violation by the government.
Opposition to application for writ of review filed on behalf of Toni Lemly Writ denial issued by the Louisiana Supreme Court
Wonder why I haven’t heard about this in the local news?
Ping - Supreme Court Denial to hear case regarding nurse who objected to distributing the morning after abortion pill, and was basically fired (demoted to Part-time and lost benefits).
I should’ve stated the Louisiana Supreme Court, so as not to confuse this with the SCOTUS. :)
The war is being waged still, we have not lost...keep on fighting!
I'm having trouble remembering, but didn't we as a nation already take some sort of action that guaranteed religious freedom. Hmmm, darn that public education I received, just having a heck of a time trying to recall...
This article is confusing. So now (2009) the court has denied the appeal of the denial of summary judgment (2007) of a case filed in 2005.....so now the case can proceed to trial?
The problem here is that, even if the nurse is ultimately successful, the hospital will create another reason to fire her.
I hope she gets enough $$$$ to retire on.
“a constitutional amendment that would protect religious liberty rights from violation by the government
A great majority will protest when these laws allow Muslims to request and and are granted Sharia law. When will politicians learn to quit messing with the Constitution.