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In a political climate where state governments are systematically rolling back abortion rights by any means possible and at the expense of low-income women; where a "serious" presidential candidate is galvanizing his voters with his stance against abortion even in cases of rape and incest; and where misguided, or simply evil, legislatures are pushing through non-sensical and racist abortion bans on the grounds of "prenatal nondiscrimination," we could certainly benefit from fewer politicians weighing in on best reproductive practices.Doctors, it would stand to reason, would be more qualified to comment on the procedure. However, with the issue of abortion being increasingly dictated by rhetoric, not medical fact, health providers are being silenced.Yesterday, Dr. Diane Horvath-Cosper, a physician and abortion provider in Washington, DC, filed a federal civil rights complaint against MedStar Washington Hospital Center, where she has been a fellow since 2014. According to court documents, she claims that the hospital forbid her from publicly advocating for abortion "in an alleged attempt to increase security" in December of 2015. Dr. Horvath-Cosper says the hospital is in violation of the non-discrimination provision of the 1973 Public Health Service Act. The law, known as the "Church Amendment," has historically been cited by doctors who refuse to perform abortions on religious grounds. Though in this case, Dr. Horvath-Cosper and her attorneys at the the National Women's Law Center (NWLC) are using the law to combat the alleged discrimination she faced at the hospital because of her "moral conviction" in favor of abortion rights."It's little known, but the Church Amendment has a longstanding provision that protects health providers from discrimination if they provide abortion or they support the right to abortion," Gretchen Borchelt, one of Horvath-Cosper's attorneys and vice president for reproductive rights and health at the NWLC, told Broadly. "There aren't many of those kinds of laws out there. It's important that abortion providers know this law exists. They're being denied admitting privileges because they provide abortion; they're being disciplined for speaking out, and there are laws being passed to try to drive them out of their practice."
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In October 2015, Dr. Horvath-Cosper wrote an op-ed in the Washington Post about the extreme stigma abortion and abortion providers face, which often results in violence. "I believe physicians must engage in public discourse wherever it is happening, and we must be voices for evidence-based medicine both in and out of the office. There is still an incredible amount of stigma surrounding abortion and other reproductive health issues, and I hope that doctors' willingness to share their stories will help women feel empowered to share theirs," she wrote.From July 2014 to December 2015, the complaint states, Dr. Horvath-Cosper "[engaged] in advocacy, including in the media… without incident or complaint from MedStar." But since late last year, following the November 27, 2015 shooting at a Colorado Springs Planned Parenthood clinic, the hospital's attitude towards Dr. Horvath-Cosper's advocacy changed, her attorneys state in a press release. (The press release also notes that MedStar has done little in the way of stepping up security.) Dr. Horvath-Cosper claims the hospital has "threatened repercussions" if she continues to speak out on reproductive rights. Further, she alleges that MedStar dissuaded her from legal action, "isolated her within her department," and "forced her to chose between remaining employed" and public advocacy.Supporters say the distinction between practice and advocacy is false. "As physicians, we have a professional duty to talk about injustices that affect our patients," Dr. Nancy Stanwood, the board chair of Physicians for Reproductive Health, said in a statement. "From health care reform to combating gun violence, to advocating for safe and timely access to abortion, advocacy is fast becoming a key part of being a physician. The media and policy makers look to us to help them understand medical issues. To openly advocate as an abortion provider can carry risk, but forbidding physicians from advocating discredits the life-saving care we provide to our patients."Dr. Horvath-Cosper is calling on the Office for Civil Rights at the US Department of Health and Human Services to investigate MedStar and its "discriminatory practice of placing broad content-based speech restrictions on its abortion providers or other health care personnel."Read more: What It's Like to Endure a Forced Waiting Period Before Your Abortion