Still, the ad is basically on track, factually, until we come to a claim that "Brown even favors letting hospitals deny emergency contraception to rape victims." It’s true that in 2005, when the Massachusetts state Legislature was considering a bill to require hospitals to provide emergency contraception to rape victims, Brown introduced an amendment that would have let doctors and nurses opt out based on "a sincerely held religious belief" and refer patients elsewhere. It was similar to "conscience" provisions in state and federal legislation that would avoid forcing Catholic hospitals to provide abortion or contraception against the teachings of the church. Here’s the language:
Brown amendment, April 2005: Nothing in this section shall impose any requirements upon any employee, physician or nurse of any facility to the extent that administering the contraception conflicts with a sincerely held religious belief. In determining whether an employee, physician or nurse of any facility has a sincerely held religious belief administering the contraception, the conflict shall be known and disclosed to said facility and on record at said facility.
If it is deemed that said employee, physician or nurse of any facility has a sincerely held religious conflict administering the contraception, then said treating facility shall have in place a validated referral procedure policy for referring patients for administration of the emergency contraception that will administer the emergency contraception, which may include a contract with another facility. The referrals shall be made at no additional cost to the patient.
The amendment failed. But what the ad doesn’t mention is that
Brown voted for the underlying bill anyway, even after the Republican governor vetoed it.
The most misleading part of the ad, though, is not what the narrator says, but what appears on screen. As the contraception amendment is mentioned, viewers see the words, "Deny rape victims care." Emergency contraception is certainly a type of care. But t
he language on screen implies that Brown would support denial of even, say, treatment of injuries sustained in a rape.
That’s far from the truth. The bill, which became part of the Massachusetts state code’s section on public health, required that rape victims be provided with accurate information about emergency contraception and that they be offered it. Brown voted for the bill after unsuccessfully trying to carve out a religion exception. And there is nothing in the record that we are aware of to suggest that Brown ever supported denying any other type of care to victims of sexual assault.
Voters go to the polls on Tuesday.
– by Viveca Novak