A hospital in New Jersey will no longer force nurses to perform abortion against their will after it backed down in 
a legal battle with nurses who were suing for forcing them to violate their consciences.
Instead the hospital will hire additional staff to help perform abortions.
In a statement, Jeffrey Tolvin, a spokesman for the University of Medicine and Dentistry of New Jersey (UMDNJ) said that no nurse would be compelled to have direct involvement in a procedure to which she or he objects based on his/her cultural values, ethics and/or religious beliefs.
In November, 12 nurses at UMDNJ filed suit, saying the hospital was forcing them to assist in the operations despite declared conscientious objections.
Aside from aiding doctors in the procedures, the nurses argued that post-operative patient care and administrative duties surrounding the procedures constituted involvement.
If upheld in court, the nurses’ claims could mean UMDNJ violated federal law, which bars institutions receiving federal dollars from forcing their staff members to assist in abortions.
“The university is in full compliance with all applicable state and federal laws,” the school said when the nurses brought suit. “Its position will be vindicated when the court gives this matter a full hearing.”
US Federal law prohibits hospitals that receive certain federal funds from forcing employees to participate in abortions. In addition, New Jersey law states, “No person shall be required to perform or assist in the performance of an abortion or sterilisation.”
The hospital run by the UMDNJ receives approximately $60 million in federal funds annually.
The nurses claim that originally UMDNJ allowed its staff to opt out of assisting in abortions if they disagreed with the practice. However, a new policy mandates that nurses must assist in the abortion procedure or else be fired.
The Alliance Defense Fund is representing the nurses in court.
“ADF is committed to defend the right of pro-life nurses not to be forced to assist in abortions against their beliefs,” said Matt Bowman of ADF on Tuesday.
Bowman also said that throughout the country there are other legal challenges to hospitals requiring medical personnel to assist in abortions even if they hold religious objections.
“ADF is currently litigating this case on behalf of a nurse at Mt. Sinai Hospital in New York,” said Bowman, who added that his organisation “successfully intervened on behalf of nursing applicants to a program at Vanderbilt University in Tennessee.”
“Pro-life nurses shouldn’t be forced to assist in abortions against their beliefs,” Mr Bowman said.
“No less than 12 nurses have encountered threats to their jobs at this hospital ever since a policy change required them to participate in the abortions regardless of their religious objections. That is flatly illegal.”
The lawsuit charges that when one nurse objected to assisting abortions on the grounds of her religious beliefs, a supervisor responded that UMDNJ has “no regard for religious beliefs” of nurses who object to participating in abortions.
The hospital scheduled the nurses to begin training to assist abortions on Oct. 14. The training involves assisting surgical abortions.