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HCRCA clarification signed into law

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Illinois

* Press release last night…

At the request of the Attorney General, Governor JB Pritzker today signed SB 1169 into law, clarifying the legislative intent of the Health Care Right of Conscience Act so that it cannot be abused or misinterpreted to jeopardize workplace safety. This amendment will ensure the long tradition of vaccine requirements by employers can continue with regard to the COVID-19 vaccine.

“Masks, vaccines, and testing requirements are life-saving measures that keep our workplaces and communities safe,” said Governor JB Pritzker. “Keeping workplaces safe is a high priority, and I applaud the General Assembly for ensuring that the Health Care Right of Conscience Act is no longer wrongly used against institutions who are putting safety and science first.”

The Health Care Right of Conscience Act was originally enacted to allow medical professionals to refuse to receive or participate in healthcare services that are contrary to their personal beliefs, including religious or moral objections to specific services, such as abortion.

During the COVID-19 pandemic, the law has been improperly invoked to evade employers’ requirements for testing, masking, and vaccines. The misuse of the law’s original intent has put customers, staff, and community members at risk by exposing employers to legal retaliation for enacting life-saving public health measures.

“With Governor Pritzker’s signature today, we continue our effort to keep the people of this state as safe as possible,” said House Speaker Emanuel “Chris” Welch (D- Westchester). “Despite deliberate attempts to misinform the public, nothing about this law takes away anyone’s rights to claim religious or medical exemption, which are protected by federal law. While only a small minority of people are skirting COVID-19 requirements, our goal is to make sure workers in high-risk environments are doing what’s needed to fulfill their responsibility to public health and keep everyone alive and healthy.”

“I hope this provides clarity to the situation as we work to protect the public’s health and beat back this pandemic that has taken so much from us,” said Senate President Don Harmon (D-Oak Park).

“Today we are taking critical action to protect people in high-risk environments—such as hospitals, veterans’ homes and schools—from the dangers of COVID-19,” said State Representative Robyn Gabel (D-Evanston). “While this law will not take away anyone’s right to claim exemptions based on religion or medical need, it prevents a small group of people from distorting the meaning of the Health Care Right of Consciousness Act and putting some of our most vulnerable members of society in danger. I would like to thank Governor Pritzker for the steps he’s taking today.”

This amendment preserves the legislative intent established by the Act’s 40 years of precedent, clarifying that it is not a violation of the Act to take workplaces measures intended to prevent the spread of deadly, communicable diseases like COVID-19.

The law explicitly reiterates federal protections of sincerely held religious objections.

SB 1169 is effective June 1, 2022.

* Sun-Times…

“He continues to strip individual freedoms and make decisions that should be between an individual and their doctor,” said state Sen. Darren Bailey of downstate Xenia. “A few months ago we called healthcare workers heroes [but] now Pritzker wants to ensure they can be fired if they don’t submit to his tyrannical rule.

“These never-ending mandates and radical attacks by Pritzker on individual freedom must stop.”

The campaign of venture capitalist Jesse Sullivan argued the Health Care Right of Conscience Act was in place to “ensure no one could be discriminated against in their job because of their conscientious objection to not getting a medical procedure.

“Over 50,000 Illinoisans filed witness slips against this radical change,” according to Sullivan’s campaign statement. “Nevertheless, Pritzker pushed ahead, once again demonstrating his disregard for the will of the people. Jesse Sullivan opposes this scary legislation.”

“Scary.”

* Gary Rabine…

Gary Rabine, Republican candidate for Illinois Governor, is issuing the following statement on the Governor signing legislation to shield employers from litigation stemming from vaccine mandates.

“The Right of Conscience has long been a part of our nation’s heritage. Going all of the way back to the American Revolution, the Colonial Army made allowances for conscientious objectors. The Right of Conscience is engrained in our American heritage and our way of life.

The idea that employers can mandate a vaccine and be protected from lawsuits ought to frighten us all. If we cannot make healthcare for ourselves, what other ways can government limit our freedoms?

Governor Pritzker may not like the choices people make, but he should respect their right to make decisions for themselves. The courts will ultimately decide the legality of this new law, but there is no denying our individual rights and freedoms were dealt a major setback today.

Illinois does not need a despot. The residents of our state need and deserve a Governor who will listen to them and treat them with dignity and respect. Unlike JB Pritzker, I will put the rights and liberties of Illinois citizens first. I will end the war on families, and I will protect the Right of Conscience for all Illinoisans.”

Do you know what George Washington did during the revolution? Vaccine mandate for troops.

* Tribune…

Senate President Don Harmon argued there are legitimate limits to personal freedoms.

“The line of my personal liberty ends at the beginning of your nose,” Harmon said [during floor debate]. “That’s all we’re trying to do here. We’re trying to strike a balance. This law was never intended to preclude public health responses to a pandemic. And it shouldn’t be.”

posted by Rich Miller
Tuesday, Nov 9, 21 @ 8:40 am

Comments

It is not a vaccine mandate (banned punctuation). Why is the media allowing “conservatives” to say it is a vaccine requirement and let them get away with that? It is a mandate for vaccination or testing.

Can anyone explain to me why getting tested for a contagious and potentially killing disease is a threat to anyone’s civil liberties? What about those who have suppressed immune systems who can’t leave the house because so many people around them are carelessly spreading the disease?

Comment by Just Me 2 Tuesday, Nov 9, 21 @ 8:48 am
Rabine’s thesis on history is interesting. Yes, the Colonial Arm[ies] [may have] made allowances for [some] conscientious objectors. But that Right of Conscience Rabine refers to did not allow conscientious objectors [Tories] to threaten the lives of citizens.

Comment by H-W Tuesday, Nov 9, 21 @ 8:52 am
The HCRA was never intended to support one’s conscience of disagreeing with policy set by an opposing political party.

Comment by Pundent Tuesday, Nov 9, 21 @ 8:54 am
It’s just sooooo terrible the governor is trying to save lives. Even Republican lives

Comment by Cheryl44 Tuesday, Nov 9, 21 @ 8:54 am
The Colonial Armies that Rabine speaks so highly of had a vaccinate mandate for smallpox, at least those under General Washington.

These aren’t serious people. They are figuratively poisoning our population with their harmful nonsense.

Comment by Henry Francis Tuesday, Nov 9, 21 @ 9:20 am
How much of a campaign issue do these folks want vaccinations to be?

If they are going to thread a needle that vaccinations are good, just not mandate them, how do they square school vaccinations, as an example.

One might say these folks are anti-vaxx in a way that these campaigns can’t clarify outside the GOP bubble.

Rabine as a major Trumpkin is confusing since the Trump family and vaccines seem out of place to the narrative, as Trump himself got booed speaking to vaccines.

And no, no it’s not “different” on a mandate, otherwise even the military and their own stances put this vaccine in line with other vaccine mandates for service.

I’ll be interested how many resources (outside social media) these campaigns want to make choice to this.

Comment by Oswego Willy Tuesday, Nov 9, 21 @ 9:23 am
When did the party of personal responsibility turn into this group of selfish, whiny jerks?

Comment by Jocko Tuesday, Nov 9, 21 @ 9:27 am
How do the Republicans feel about drug testing? (asking for a friend)

Comment by Pot calling kettle Tuesday, Nov 9, 21 @ 9:27 am
=How much of a campaign issue do these folks want vaccinations to be?=

I think each of them is vying to be Governor of Facebook. They are dying to own the libs figuratively and literally. Beyond that it’s a ridiculous position to take.

But with the passage of time its looking more likely that one of these three will be at the top of the ILGOP ticket. And they seem intent on making this issue a litmus test.

Comment by Pundent Tuesday, Nov 9, 21 @ 9:31 am
“Over 50,000 Illinoisans filed witness slips against this radical change”

Does 50,000 Illinoisans = a ton? Just curious.

Comment by Anonymous Tuesday, Nov 9, 21 @ 9:42 am
Anonymous at 9:42 was me.

Comment by Steve Rogers Tuesday, Nov 9, 21 @ 9:44 am
Thank you Governor Pritzker. As to the Republican candidates, God help us should any one of them ever be elected to so much as dog catcher.

Comment by Manchester Tuesday, Nov 9, 21 @ 9:44 am
I have become one of those people who has concluded that if Republicans are against something I’m for it and vice versa.

I thought I would never be one of those folks but here I find myself.

Comment by don the legend Tuesday, Nov 9, 21 @ 9:50 am
-“He continues to strip individual freedoms and make decisions that should be between an individual and their doctor,”-

Look forward to Sen. Bailey including that in his speeches before right to life groups.

-The idea that employers can mandate a vaccine and be protected from lawsuits ought to frighten us all.-

Remember when the GOP used to be on the side of employers? Good times. Now they want to force them to keep employees they don’t want because they risk the safety of their fellow employees and customers, and want those same unsafe people to be able to sue the employers over it if they are fired. Isn’t this where the old GOP would accuse their opponents of being “in bed with the trial lawyers?”

Comment by Ron Burgundy Tuesday, Nov 9, 21 @ 9:53 am
I was in the ER last night with a family member, and man came in maskless with a t-shirt emblazzoned with “Freedom” across the back. He was allowed back in the ER, and I don’t know if someone back there required him to mask up or not. Just curious if Rabine considers this type of “freedom” to fall under his quote… “If we cannot make healthcare for ourselves, what other ways can government limit our freedoms?” The county this hospital is in only has about a 56% vaccination rate, and the patients in the ER might be in vulnerable populations. But… hey… freedom (sigh).

Comment by Anon221 Tuesday, Nov 9, 21 @ 9:56 am
Does Bailey have this on a rubber stamp and just hand it out every time to Governor does something right?
“He continues to strip individual freedoms and make decisions that should be between an individual and their doctor,” said state Sen. Darren Bailey of downstate Xenia. “A few months ago we called healthcare workers heroes [but] now Pritzker wants to ensure they can be fired if they don’t submit to his tyrannical rule.

I get this feeling every time I read or hear him saying this. It’s leading into an episode of Saturday Night Live.

Comment by Club J Tuesday, Nov 9, 21 @ 10:09 am
==== Remember when the GOP used to be on the side of employers? Good times. Now they want to force them to keep employees they don’t want because they risk the safety of their fellow employees and customers, and want those same unsafe people to be able to sue the employers over it if they are fired.====

Exactly. Wouldn’t a real conservative be in favor of no government interference between employer–employee relations?

Comment by DirtLawyer Tuesday, Nov 9, 21 @ 10:11 am
=“He continues to strip individual freedoms and make decisions that should be between an individual and their doctor,”=

This from the guy that wants a theocracy.

Boy it would be nice if he would identify the freedom being stripped by testing that does not require a doctor and has no medical impact.

=conscientious objection to not getting a medical procedure.=

Umm no Mr. Haircut, that is not what the law states or intended.

=“The Right of Conscience has long been a part of our nation’s heritage.=

Once again, just no. That is not what the law is about and, it is an ILLINOIS law not federal.

How did these guys get so wealthy being so dumb? Or are they just gaslighting? Never mind, I just answered my own question.

Comment by JS Mill Tuesday, Nov 9, 21 @ 10:29 am
I guess, for me, in a very unbiased way by merely reading the GOPers thoughts…

Do they sound gubernatorial?

When you read it, is it something you’d want an Illinois governor to say or be about?

Yes. Campaigns are hard. Governing is difficult. Yes.

But, there is this window candidates allow, maybe unknowingly, people to see who they are by the wordsmithing allowed.

If you want your in-law uncle to “run Illinois not like a tyrant”, then you have a couple of choices. The thing is, I don’t want my in-law uncle running anything that would be in a leadership role.

The reinforcement of their “social media think” is a good reminder. I thank them for it.

Comment by Oswego Willy Tuesday, Nov 9, 21 @ 10:35 am
== When did the party of personal responsibility turn into this group of selfish, whiny jerks?==
I never considered the Democratic Party to be a group of selfish whiny jerks.

Comment by Tiny violin Tuesday, Nov 9, 21 @ 10:44 am
=I never considered the Democratic Party to be a group of selfish whiny jerks.=

Yet not one word about “unfair elections”. And most can read and understand what the HCRA actually means. The three GQP candidates quoted here clearly do not.

So there is that.

Comment by JS Mill Tuesday, Nov 9, 21 @ 11:00 am
“Can anyone explain to me why getting tested for a contagious and potentially killing disease is a threat to anyone’s civil liberties?”

I don’t wanna.

Comment by Huh? Tuesday, Nov 9, 21 @ 11:41 am
The bird brains of the GOP can’t even handle that Big Bird is supportive of vaccination.

Comment by Norseman Tuesday, Nov 9, 21 @ 1:04 pm