NEW ORLEANS — The Louisiana Supreme Court Friday declined to hear an appeal by St. Tammany Parish Hospital in a nurse’s lawsuit filed by ADF attorneys and an ADF-allied attorney. A trial judge had ruled against issuing summary judgment in favor of the hospital, so that decision will stand. The nurse, Toni Lemly, sued the hospital in 2005 after it refused to grant a reasonable accommodation for her religious beliefs.
“Pro-life medical personnel shouldn’t be penalized for their beliefs,” said ADF-allied attorney Brian Arabie of Lake Charles. “The hospital acted unlawfully when it refused to make a reasonable accommodation for Ms. Lemly and instead terminated her full-time position.”
Lemly informed hospital staff that she objected to administering the “morning after” abortion pill because of her religious beliefs. In response, St. Tammany Parish Hospital fired Lemly from her full-time position and reduced her to part-time status, working only three days a week. Her demotion resulted in a significant reduction in pay and the loss of employee benefits. The hospital declined several reasonable suggestions made by Lemly, a nurse for 23 years, that would have enabled the facility to continue administering the pill while allowing her to abstain from dispensing it herself. The hospital chose not to act on any of her suggestions.
The lawsuit, Lemly v. St. Tammany Parish Hospital District No. 1, was filed in the 22nd Judicial District Court for the Parish of St. Tammany in June 2005. The court denied the hospital’s motion for summary judgment in January 2007.
“Toni provided St. Tammany Parish Hospital with options that would have accommodated both her full-time position and their wish to distribute the morning-after abortion pill,” Arabie said. “Instead, the hospital chose to engage in discrimination based on her courageous commitment to the unborn. We are hopeful that the hospital will change course, do what’s right for a dedicated nurse and her constitutional rights, and discontinue the need for any further litigation.”
H.B. 517, a bill that would protect health care providers’ rights of conscience, passed the Louisiana House of Representatives Tuesday and now goes to the Senate. Also awaiting Senate approval, after overwhelming approval by the House, is H.B. 340, a constitutional amendment that would protect religious liberty rights from violation by the government.
• Opposition to application for writ of review filed on behalf of Toni Lemly
• Writ denial issued by the Louisiana Supreme Court
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
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