I Will Sponsor Legislation to Prohibit the University of California from Affiliating with Hospitals that Impose Non-Medically Based Restrictions on Health Care or Discriminate Against LGBTQ People

The LA Times has recently noted that “Religious restrictions on healthcare [at the University of California] have been developing into a public health crisis of the first order.”

The problem is that the University of California has entered into clinical and educational training contracts with religion-based hospitals that place non-scientific and non-medically based constraints on University of California personnel and students at every one of UC’s six medical schools, as well as some nursing, nurse practitioner, physician assistant and pharmacy programs.

These constraints include prohibitions on abortion (even in cases of sexual assault), sterilization procedures such as tubal ligations, provision of contraceptives, counseling patients about contraception and abortion, fertility treatments, use of egg or sperm donor outside of a heterosexual married couple, use of a gestational surrogate, use of fetal tissue, the provision of medical or surgical gender-affirming services for transgender people such as hysterectomy or mastectomy for transgender men, and physician assisted suicide or aid-in-dying.

Due to public outcry against the University of California acquiescing to these non-scientific or healthcare based constraints on medical care, in August 2019 UC President Janet Napolitano appointed an 18-member working group of faculty and administrators from across the UC system to establish guidelines for future collaborations with outside health systems that impose these constraints. UCI Chancellor Howard Gillman was designated the group’s Chair.

In January 2020, the working group issued its report.

Unfortunately, the group failed to reach agreement on whether the University should subject its employees, faculty, and students to religious and non-scientific prohibitions in their medical care.

I agree with working group member Michele Bratcher Goodwin, UCI Law School Chancellor’s Professor and founding Director of the Center for Biotechnology and Global Health Policy, that UC policies “that impede, restrict, or hinder the care that UC students, faculty, or staff receive based on religious doctrine violate state and federal constitutional law as well as specific California legislation that forbid the imposition of religious doctrine on UC students, faculty, or staff. . . These actions are illegal and thus impermissible.”

Accordingly, when elected to the Assembly, I will sponsor legislation to ensure that UC employees, faculty and students receive medical care based solely on scientific and health-cased factors, and prohibiting the University of California from affiliating with any hospital that imposes non-health based restrictions on care or discriminates against LGBTQ people.

Here is my press release:

“The University of California is publicly funded to serve the people of California as a center of higher learning, transmitting advanced knowledge, discovering new knowledge, and functioning as an active working repository of organized knowledge. As a Californian, I am proud that UC is recognized as the world’s leading public research university system. It is therefore extremely disturbing that the University of California would affiliate with any hospital organization that discriminates against LGBTQ people and imposes non-health based restrictions on care.

UC employees, faculty, and students are entitled to medical care based solely on scientific and health-based factors. As a government entity committed to serving the public under the rule of law, UC and its providers and trainees must not restrict access to any lawful care because certain procedures or medical options may be controversial from a particular political or religious point of view. In particular, UC must never deny a woman’s right to receive comprehensive reproductive health care including abortion and all forms of contraception and assisted reproductive technologies, and must never refuse to provide medical procedures, such as gender affirmation for transgender people and reproductive technologies that support the ability of LGBTQ+ people to have biological children. UC must also provide the full range of medically appropriate and legally available options to patients at the end of life, including legally sanctioned aid in dying.

When elected to the State Assembly, one of my first pieces of legislation will be to ensure that UC employees, faculty and students receive medical care based solely on scientific and health-cased factors, and prohibiting UC from affiliating with any hospital organization that imposes non-health based restrictions on care or discriminates against LGBTQ people.”

— Melissa Fox, Candidate for State Assembly AD 68

For more information, contact J& Z Strategies at info@jacobsonzilber.com.

Learn more about Melissa Fox for California Assembly at http://votemelissafox.com

 

Human Rights Day 2016

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Today, December 10, is Human Rights Day.

On this day in 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights.

These rights are worth restating and recommitting ourselves to every year:

Everyone has the right to life, liberty and security of personNo one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Everyone has the right to recognition everywhere as a person before the law.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

No one shall be subjected to arbitrary arrest, detention or exile.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

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Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.

No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Everyone has the right to freedom of movement and residence within the borders of each state.

Everyone has the right to leave any country, including his own, and to return to his country.

Everyone has the right to seek and to enjoy in other countries asylum from persecution.

Everyone has the right to a nationality.

No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

Marriage shall be entered into only with the free and full consent of the intending spouses.

The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Everyone has the right to own property alone as well as in association with others.

No one shall be arbitrarily deprived of his property.

Everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Everyone has the right to freedom of peaceful assembly and association.

No one may be compelled to belong to an association.

Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

Everyone has the right of equal access to public service in his country.

The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment.

Everyone, without any discrimination, has the right to equal pay for equal work.

Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

Everyone has the right to form and to join trade unions for the protection of his interests.

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance, and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

Parents have a prior right to choose the kind of education that shall be given to their children.

Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Everyone has duties to the community in which alone the free and full development of his personality is possible.

 

Memorial Day: The Lesson of the Four Chaplains

Four Chaplains, Melissa Fox, Irvine Commissioner Melissa Fox, melissafoxblog, melissajoifox, Melissa Fox blog

When my husband was a child, his father, a World War II U.S. Navy veteran, told him the story of the Four Chaplains of the USAT Dorchester as an example of American heroism and American values.

It is a story worth sharing again this Memorial Day:

On the night of February 3, 1943, United States Army Transport ship Dorchester was en route from Newfoundland to England via Greenland, when it was hit by torpedoes from a German submarine.

The Dorchester listed sharply to starboard, then began to sink almost immediately into the icy water. The torpedoes knocked out the Dorchesters electrical system, leaving the ship dark. The ship was overcrowded and there were insufficient lifeboats or lifejackets for the 904 men on board.

Four Chaplains, Melissa Fox, Irvine Commissioner Melissa Fox, melissafoxblog, melissajoifox, Melissa Fox blog

The Four Chaplains of the USAT Dorchester: Rabbi Alexander D. Goode, Rev. George L. Fox, Rev. Clark V. Poling, and Father John P. Washington

As the Dorchester sank, the ship’s four chaplains aided the wounded, sought to calm the men and organize an orderly evacuation of the ship, helped get the men into lifeboats and then gave up their own lifejackets when the supply ran out. They helped as many men as they could into lifeboats, then linked arms in prayer as the ocean water overcame the deck and the ship sank.

A survivor later explained:

“As I swam away from the ship, I looked back. The flares had lighted everything. The bow came up high and she slid under. The last thing I saw, the four chaplains were up there praying for the safety of the men. They had done everything they could. I did not see them again. They themselves did not have a chance without their life jackets.”

As the ship went down, survivors in nearby lifeboats could see the four chaplains – their arms linked and braced against the slanting deck. Their voices could also be heard offering prayers.

Survivors said could hear different languages mixed in the prayers of the chaplains, including Jewish prayers in Hebrew and Catholic prayers in Latin.

Twenty-seven minutes after the torpedoes hit, the Dorchester was gone.

The four chaplains were:

Lt. George L. Fox, age 42, Methodist.

Lt. Alexander D. Goode, age 32, Jewish.

Lt. Clark V. Poling, age 32, Reformed Church in America.

Lt. John P. Washington, age 34, Roman Catholic.

For the Four Chaplains sacrifice, on December 19, 1944 they were posthumously awarded the Purple Heart and the Distinguished Service Cross. Later, due to the under-fire requirement to receive the Medal of Honor, Congress decided to authorize a special medal that carried the same weight. It was called the Chaplain’s Medal for Heroism. These four men are the only chaplains ever to receive this award.

On this Memorial Day, I will be thinking about the four chaplains, arms linked and praying together on the deck of the USAT Dorchester in 1943.

And I will be thinking, with gratitude, of all of the men and women of our Armed Forces who have made the ultimate sacrifice for the rights and freedoms that we hold to be essential, including the right to be free from discrimination based on one’s race, faith, gender or sexual orientation.

According to the Four Chaplains Memorial Foundation, the lesson of the sacrifice made by the four chaplains is “unity without uniformity” and “selfless service to humanity without regard to race, creed, ethnicity, or religious beliefs.”

The Reverend Daniel Poling, father of Chaplain Clark V. Poling, said that the lesson of the Four Chaplains is that “as men can die heroically as brothers so should they live together in mutual faith and goodwill.”

My father-in-law said it more simply:  We are all Americans.