Hit & Run:
Pennsylvania Pain Doctor Acquitted
Yesterday a jury acquitted Erie, Pennsylvania, doctor Paul Heberle of overprescribing narcotics, rejecting 14 drug charges and 12 Medicaid fraud charges brought by Attorney General Tom Corbett. (Two other charges were dropped at the beginning of the trial.) The state's investigation of Heberle began after one of his patients died of a fentanyl overdose; according to Heberle, the patient tore open a timed-release patch and swallowed a three-day supply all at once. Corbett's Bureau of Narcotics Investigation also said it had received complaints from pharmacists who thought Heberle was too generous with painkillers. According to A.P., jurors interviewed after the verdict said they concluded that "Heberle did the best he could treating patients that other doctors didn't want." The Pain Relief Network, which played a key role in Heberle's defense, reports that half a dozen of his pain patients attempted suicide after the state disrupted his practice, one of them successfully.
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Maggie Gallagher:
...To [Georgetown prof and gay-rights advocate Chai] Feldblum the emerging conflicts between free exercise of religion and sexual liberty are real: "When we pass a law that says you may not discriminate on the basis of sexual orientation, we are burdening those who have an alternative moral assessment of gay men and lesbians." Most of the time, the need to protect the dignity of gay people will justify burdening religious belief, she argues. But that does not make it right to pretend these burdens do not exist in the first place, or that the religious people the law is burdening don't matter. ...
But the bottom line for Feldblum is: "Sexual liberty should win in most cases. There can be a conflict between religious liberty and sexual liberty, but in almost all cases the sexual liberty should win because that's the only way that the dignity of gay people can be affirmed in any realistic manner." ...
Consider education. Same-sex marriage will affect religious educational institutions, [American Jewish Council general counsel Marc Stern] argues, in at least four ways: admissions, employment, housing, and regulation of clubs. One of Stern's big worries right now is a case in California where a private Christian high school expelled two girls who (the school says) announced they were in a lesbian relationship. Stern is not optimistic. And if the high school loses, he tells me, "then religious schools are out of business." Or at least the government will force religious schools to tolerate both conduct and proclamations by students they believe to be sinful.
Stern agrees with Feldblum that public accommodation laws can and should force truly commercial enterprises to serve all comers. But, he asks, what of other places, such as religious camps, retreats, and homeless shelters? Will they be considered by courts to be places of public accommodation, too? Could a religious summer camp operated in strict conformity with religious principles refuse to accept children coming from same-sex marriages? What of a church-affiliated community center, with a gym and a Little League, that offers family programs? Must a religious-affiliated family services provider offer marriage counseling to same-sex couples designed to facilitate or preserve their relationships?
"Future conflict with the law in regard to licensing is certain with regard to psychological clinics, social workers, marital counselors, and the like," Stern wrote last December--well before the Boston Catholic Charities story broke.
Think about that for a moment. Of all the experts gathered to forecast the impact of gay marriage on religious organizations, no one, not even Stern, brought up adoption licenses. "Government is so pervasive, it's hard to know where the next battle will be," he tells me. "I thought I had a comprehensive catalog, but the adoption license issue didn't occur to me." ...
"In Massachusetts I'd be very worried," Stern says finally. The churches themselves might have a First Amendment defense if a state government or state courts tried to withdraw their [tax] exemption, he says, but "the parachurch institutions are very much at risk and may be put out of business because of the licensing issues, or for these other reasons--it's very unclear. None of us nonprofits can function without [state] tax exemption. As a practical matter, any large charity needs that real estate tax exemption." ...
Precisely because support for marriage is public policy, once marriage includes gay couples, groups who oppose gay marriage are likely to be judged in violation of public policy, triggering a host of negative consequences, including the loss of tax-exempt status. Because marriage is not a private act, but a protected public status, the legalization of gay marriage sends a strong signal that orientation is now on a par with race in the nondiscrimination game. And when we get gay marriage because courts have declared it a constitutional right, the signal is stronger still.
more (debated here and here (scroll down for more))