Judge exempts Chicago Archdiocese, nuns, other Catholic workers from Illinois medical aid in dying law
A federal judge has granted a stipulated temporary restraining order exempting the Chicago Archdiocese, two orders of nuns and a small-town pharmacist from participating in Illinois' new medical aid in dying law, or being penalized for their refusal.
Cardinal Blase Cupich, two orders of Catholic nuns and a pharmacist joined a federal lawsuit arguing their religious freedom was violated because under the Illinois End-of-Life Options for Terminally Ill Patients Act, healthcare providers who oppose medically assisted dying must still inform patients of the option, help them qualify for lethal drugs and then pass them on to someone who will help them obtain the drugs. The lawsuit also said pharmacists with the same objections will be required to fill the prescriptions.
Judge Franklin Valderrrama agreed and issued a stipulated temporary restraining order preventing the Illinois Department of Public Health and Illinois Department of Financial and Professional Regulation from forcing the plaintiffs and those providing care on their premises, and Catholic health care entities under the Cardinal Cupich's authority within the Archdiocese of Chicago to participate in medical aid in dying, and also from treating their noncompliance as a basis for "liability, discipline or licensure action under any law."
The original lawsuit asked for a preliminary injunction, which the judge indicated he will rule on in the future.
According to the order, the injunction only applies to the named lawsuit plaintiffs, healthcare entities under Cardinal Cupich's authority and people working at Catholic healthcare facilities. The state agreed to the stipulated order and its exemption of the entities, according to attorneys representing the church.
The order does not block the law from coming into effect overall on Saturday, Sept. 12.
Cardinal Cupich issued a statement after the ruling, saying he welcomed the ruling that "stays the enforcement" of the provisions of the law that "require healthcare providers, against their conscience, to participate in [the law]."
"To be clear, the Church's objection to this statute is not an attempt to impose Catholic teaching on non-Catholics; it is an effort to stop the State from compelling Catholic health care providers to violate their conscience," Cupich wrote.
Also called Deb's Law, the EOLA Act only applies to terminally ill patients who will die in the next six months and requires two doctors to determine the patient qualifies on those grounds. The medication provided must be requested orally and in writing, and will have to be self-administered. Finally, patients must be informed of all end-of-life care options, including comfort care, pain management, palliative care and hospice.
Thursday a different federal judge declined to block the law in a separate lawsuit filed by patients, organizations and advocates who argued with would discriminate against people with disabilities. In that case, the judge ruled the plaintiffs did not have standing to sue and failed to establish a "concrete and imminent future injury" from the law.
