Midwives Connie Wood (left) and Mary Doogan have made huge personal sacrifices in terms of careers, reputation and finance to fight this battle.
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By taking a stand for the right of midwives to opt out of abortion, two Scottish midwives have won a ruling that healthcare professionals cannot be forced to participate in abortions if they have a conscientious objection. But this ruling is now under serious threat.
[Heart of Sussex in association with SPUC]
Court rulings so far
In April 2013, the Court of Session in Edinburgh unanimously upheld an appeal by Glasgow midwives, Mary Doogan and Connie Wood, confirming that their right to conscientious objection allows them to refuse to supervise abortions performed on the labour ward in their hospital. (Connie and Mary are midwifery sisters in the labour ward at the Southern General Hospital in Glasgow.)
Health Board takes case to the Supreme Court
However, despite the clear and strong judgment by the Court of Session, the Health Board representing the hospital is taking the case to the Supreme Court. They want a ruling saying that midwifery sisters like Mary and Connie must take charge of abortion cases in the labour ward.
Furthermore, pro-abortion groups are now seeking to intervene in the case – something which Mary and Connie’s lawyers are resisting. It is evident that the pro-abortion groups want every senior midwife, even those with a life-long commitment to protecting the unborn, to supervise abortions.
If the Health Board and the pro-abortion groups succeed, it would force Connie and Mary to oversee abortions or face losing their jobs. It would also be likely to result in very grave consequences for anyone of conscience who wishes to choose midwifery as a career, and it could have a significant impact on pro-life doctors and nurses across the country.
This is one reason why the Society for the Protection of Unborn Children (SPUC) has provided the funding for Connie and Mary to fight the case – and why we have promised to fund them in the Supreme Court too.
Background to the case
In 2007, managers at Glasgow’s Southern General Hospital said that all abortions of handicapped infants were to be performed on the Labour Ward instead of the Gynaecology Ward. Pro-life midwives immediately flagged up their concerns. Efforts to resolve the situation failed and Mary Doogan and Connie Wood, supported by other colleagues, raised a formal grievance in 2009.
After a two-year process, the hospital finally refused to recognize conscientious objections for senior midwives in relation to the delegation, supervision and support of more junior midwives participating in abortions.
SPUC pledged to back Connie and Mary in a legal challenge to that decision. The challenge was unsuccessful at its first hearing in 2012, but Connie and Mary successfully appealed, supported by SPUC donors.
SPUC promises to continue funding
SPUC stands ready once again to step in and ensure that the midwives don’t have to worry about funding the legal costs. We believe Midwives Connie Wood and Mary Doogan have made huge personal sacrifices in terms of careers, reputation and finance to fight this battle.
We must do this for three reasons:
- because Connie and Mary have made huge personal sacrifices (in terms of careers, reputation, finance) to fight this battle;
- because unless we support pro-life healthcare staff they will be driven out of NHS midwifery, nursing and medicine;
- because mothers and babies deserve the best of care, and that’s what midwives like Connie and Mary are committed to providing.
That is why, alongside other campaign commitments, SPUC has to fight to defend them. The legal costs of the case have already exceeded £250,000—a huge sum of money for a relatively small organisation like SPUC. But, that sum covers only the costs for legal work undertaken, so far, not the forthcoming Supreme Court hearing in November.
And the midwives’ lawyers estimate defending the Court of Session’s judgement at the Supreme Court would cost in the region of £130,000—but it may be even more.
If the worst happened, and the Supreme Court ruled against Connie and Mary, it’s likely that an award of costs would be made against the midwives—making them liable for the Health Board’s legal expenses too.
Connie and Mary just don’t have the means to take on this new battle for themselves. That’s why SPUC is pledging them its support. SPUC’s final bill could exceed £600,000.
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