For Every Right a Remedy: Providing a Private Right of Action Under the Church Amendments

Authors

Brad Grisenti

Abstract

In 1973, Congress responded to the U.S. Supreme Court’s Roe v. Wade decision by passing legislation known as the “Church Amendments.” The Church Amendments were designed to protect healthcare workers from being compelled by their employers to perform or participate in abortion or sterilization procedures that conflict with their moral and religious beliefs. However, the Church Amendments suffer from an enforcement problem, largely due to Congress’s failure to explicitly provide a private right of action in the text of the statute. And thus far, courts have consistently refrained from interpreting it as containing an implied private right of action. Without a private right of action, enforcement of the Church Amendments has been left in the hands of the Department of Health and Human Services (HHS). Yet, with each new administration, HHS’s approach to enforcing this important legislation has varied, often leaving healthcare workers uncertain about the protection of their rights. Consequently, healthcare workers have been left without a clear legal remedy if their employer violates their rights under the Amendments. This Note considers potential paths for improving enforcement of the Church Amendments, and ultimately argues that Congress—not the courts—must amend the Church Amendments to explicitly provide a private right of action.

Rights

© 2025 Brigham Young University Law Review

Recommended Citation

Brad Grisenti, For Every Right a Remedy: Providing a Private Right of Action Under the Church Amendments, 50 BYU L. Rev. 1503 (2025).
Available at: https://digitalcommons.law.byu.edu/lawreview/vol50/iss5/11