Final Assignment – Hannah Gold

My name is Hannah Gold: anthropologist, scientist, and mother. I have sent my original proposal around to the committee for review, and have carefully considered the commentary it received. Of course I did not agree with all of the feedback, nor was I willing to alter my stance on these issues if I didn’t think the counter argument was compelling enough. I have made changes where I saw fit. If I did not make a suggested alteration in my argument, I explain myself in detail. I will now present my updated opinion.

I am still speaking in opposition to this policy proposal. I am from a nearby city outside of Sasquatch therefore I can provide an unbiased, reason-based outsider perspective on this ethical dilemma. I want to begin by outlining the Catholic Church’s position on the topic of Assisted Reproductive Technologies (ART). We must first understand where this hospital stood on this issue prior to its separation from the church in order to judge just how big of a value shift this hospital would have to make if we were to begin to subsidize abortion services, IVF treatments, and prenatal testing. Donum Vitae, the statement by the Congregation of the Doctrine of the Faith on bioethical issues, takes a clear stance against ART if it in any way endangers a fetus. The church states, “Since the embryo must be treated as a person, it must also be defended in its integrity, tended and cared for, to the extent possible, in the same way as any other human being as far as medical assistance is concerned.” (CDF, 1987: 149) This translates to a complete opposition to abortion and IVF (due to the fact that it is not morally permissible to destroy an embryo at any stage), and acceptance of but strict limitations to prenatal testing. Hypothetically, this hospital could offer non-invasive prenatal testing and have it align with its previous values. However, what happens if the tests uncover something horribly wrong with the fetus? There are no options here, as abortion is absolutely not permitted. This begs the question, what is the use of offering amniocentesis procedures if nothing can be done about positive results?

Beyond the official documentation of the Catholic Church’s position, these values permeate into the everyday lives of practicing Catholics. A look into the history of this town and its inhabitants is proof of this; it took until 2017 for this hospital to even consider offering assisted reproductive services. In her ethnography Testing Women, Testing the Fetus, anthropologist Rayna Rapp interviewed American women of many denominations to understand the role that spirituality plays in decision-making during pregnancy. One woman said, “Basically, I grew up Catholic, I think it’s tragic to end a pregnancy, to end a life.” (Rapp, 2004: 155) Rapp writes, “several catholic women…told me they were afraid to go to confession in their neighborhood parish churches after having amniocenteses.” (Rapp, 2004: 159) It should be clear by now that, based on the value system outlined above and the fact that this town has operated under Catholic auspices for over one hundred years now, this hospital has a long way to go on the road to accepting and offering reproductive technologies, if this is even the correct trajectory.

Now, a divorce from the Irish-Catholic denomination is a fantastic opportunity to update the ethical ground upon which this hospital operates. As committee member Keenan Davis suggested upon review of this proposal, I must explain what exactly I mean by “updating” a system of ethics:

We live in a global world, in a country where innovation is the norm. These new conditions bring with it new situations that require new moral deliberation. As Leon Kass wrote in his article Reflections on a Public Bioethics, “we are summoned to search into deep human matters in order to articulate fully just what is humanly at stake at the intersection of biology and biography, where life lived experientially encounters the results of life studied scientifically.” (Kass, 2005: 224) Living amidst constant technical novelty requires continual discussion about what the new technologies mean for our society; living in a homogenous society requires that we include belief paradigms and ethics systems of an entire community rather than just appealing to one specific (Catholic) ideology. One way we can employ an update to our hospital is by offering spiritual counseling for non-Catholics as well as Catholics. Keenan pointed out that most hospitals do offer spiritual counseling, so to discontinue that for Catholics would be more exclusive than inclusive. I propose that rather than altogether discontinuing counseling by Catholic chaplains, we widen these services to include other religions represented in this community. Again our objective is to become more inclusive; to offer services that all community members will be accepting of and have access to. As I mentioned above, globalization has resulted in increasingly homogenous communities in this country. This requires peaceful coexistence among a variety of ethnic and cultural groups. For our town, this means we now must consider the broader community of Jews, non-Irish Catholics, Japanese immigrants and Shiite Muslims when writing policy, rather than simply appealing to the majority. Let’s examine these communities now.

In her ethnography Reproducing Jews, Susan Kahn evaluates the Jewish-Israeli position on assisted conception, which is arguably the most liberal out of our four representative populations. She writes, “at the time of my research in the mid-1990s, there were more fertility clinics per capita in Israel than any other country in the world.” (Kahn, 2000: 2) Kahn ultimately argues that these technologies are supported by, not counter to, Jewish religious law. She writes, “from the perspective of Jewish law, infertile couples seeking to solve their childlessness with the aid of new reproductive technologies does not evolve out of a consumerist impulse but out of a compulsion to fulfill a divine commandment.” (Kahn, 2000: 170) However, despite a general acceptance of ART in the Jewish community, that is not to say that all Jews are equally tolerant. In his chapter in the book Kin, Gene, Community, Dr. Don Seeman mentions Rabbi Eliezer Waldenman, an “important posek (decisor) identified with the Haredi or ultra-Orthodox community of Jerusalem, which opposed IVF as ‘unnatural.’” (Seeman, 2009: 349) A similar dichotomy of opinions is observed in the Shi’ite Muslim population. In her article titled Kinship, Propriety, and Assisted Reproduction in the Middle East, Morgan Clarke writes, “Almost all authorities, Sunni and Shi’a, are in agreement that artificial interventions in human reproduction are welcome, as a scientific advance and medical boon, insofar as they involve only a husband and wife couple.” (Clarke, 2007: 74) While this guideline seems simple, it is actually rife (thank you, Donna, I did not mean ripe like bananas) with complexity in practice. IVF, donor insemination, and surrogacy arrangements are considered forms of adultery, therefore are forbidden by Islamic law. (Clarke, 2007: 75) Even when the procedures are performed, there is extreme judgment surrounding them in some situations. Through interviews with medical contacts in Lebanon, Clarke found that “infertility is stigmatized, and any suspicion of abnormality, especially in the field of sexuality and reproduction, is to be avoided.” (Clarke, 2007: 74) However, clearly there are devout Muslims who are willing to withstand the stigma to have the treatments done. In her interviews with Lebanese Muslims, Marcia Inhorn found that many men with infertile wives were actively seeking IVF treatments for them. She writes, “In the Middle East, men in childless marriages who love their wives and ardently desire children and fatherhood must generally consider multiple options for marital preservation and family formation in light of prevailing religious moralities.” (Inhorn, 2006: 97) The same divergence in opinion we saw in Jewish and Catholic populations also exists in Muslim ones.

Lastly, we shall examine Japanese populations. In her studies on reproductive technologies in Japanese medical practice, anthropologist Tsipy Ivry found that technologies such as prenatal diagnosis “currently [are] located backstage of prenatal care.” (Ivry, 2010: 77) She cites the reason for this opposition to be the fact that Japanese people regard a mother and fetus as one single entity. She writes, “The gravity of the conceptual tension that PND tests—a set of technologies in which ‘the embryo and fetus come to be visualized as patient-like entities entirely or largely independent of the woman’s body’ (Locke 1998, 206)—introduce into a medical system that tends to emphasize the embodied mode of maternal responsibilities for fetal health.” (Ivry, 2010: 105) Here there isn’t so much a conflict of beliefs and values like we have seen in Catholic, Jewish, and Muslim populations, there is simply a lack of interest in these services.

We are now informed enough to consider a scenario in which this hospital provides abortion services and subsidizes them for under-insured patients, and how this would affect our patients, staff, and finances. As detailed above, the values held by the ethnic and religious groups in this community have extremely mixed opinions about ART. Even in the Jewish population, seemingly the most liberal when it comes to reproductive technologies, there exists fierce opposition to many of the practices. Of course the positions I outlined above are not by any means wholly representative, rather they likely inform the individual experience of decision-making during pregnancy. I am also not assuming that these communities will strictly adhere to stereotypes, as Keenan denounced. I simply want to highlight the discrepancies that exist within these populations to demonstrate that a decision to allow abortion, IVF or prenatal testing services may not necessarily be the most inclusive one.

Next, we must consider the staff of this hospital and the administrators who run it. A useful analogy here is that of traffic waves. When a traffic incident occurs such as an accident or construction, traffic on a highway will continue in a specific location long after the cause of the back-up has cleared. This physical phenomenon is analogous in many ways to the introduction of new technologies into a hospital. Say we make a decision to offer ARTs in our hospital. We have resolved our ethical traffic jam; however there would be persistent consequences of the implementation of these technologies for the staff who must use them. We are, essentially, forcing a value system upon a population of healthcare professionals and requiring that they perform procedures they do not agree with. Even if the doctors are willing to do the procedures, consider the stigma they hold. In her interviews with medical professionals in Lebanon, Morgan Clarke found that clinicians had to be extremely careful to tiptoe around the stigma. She wrote, “medical contact in Lebanon initially insisted on my signing a confidentiality clause, warning me, with perhaps exaggerated concern, that a breach of privacy could result in ‘honour killings’.”(Clarke, 2007: 77) In Rayna Rapp’s work, she found that many Catholic women feared going to their neighborhood churches after having amniocentesis. (Rapp, 2004: 159). I will now outline potential consequences of requiring hospital personnel to do these procedures.

As I mentioned above, the values held by our predominantly Irish-Catholic staff would interfere with them performing procedures such as abortions, IVF, and amniocentesis. This is a large reason why our hospital should not offer them. Though we are working with trained healthcare professionals, it is not a good idea to allow a community of healthcare workers to perform procedures they fundamentally do not agree with. This would be irresponsible for a hospital to do, as the quality of care would go down.

Finally, we all know how important a donor base is to a hospital, especially one in rural Connecticut. Who is to say that we could even afford the technology, never mind pay new specialists to perform the procedures and counsel our patients? Without a donor base, how conceivable is it that we could acquire the technology, hire people to train our staff, and hire more staff to perform the procedures? As committee member Dr. Elmasri pointed out in his critique of my proposal, I am making an assumption here that our Irish-Catholic donors would rescind their funding if procedures such as abortion are put in place in our hospital. While I cannot be certain that a decision to refuse these services will appease all of our benefactors, I am certain of the Catholic Church’s position on them. Presumably some of our Catholic donors operate within the confines of Catholic bioethics; therefore I can predict that the opposite decision (one where we do offer these services) could result in these donors pulling their funding for our hospital.

It has come to my attention that doctors have complained about Catholic clergy interfere with their work. Susan Kahn describes a similar scenario in Reproducing Jews, where rabbinic concerns for ART provide a major obstacle to Orthodox Jews seeking these medical procedures. In fact there is an entire organization (titled PUAH) dedicated to mediating the relationship between religious and medical authorities in Orthodox Jewish communities in Israel (Kahn, 2000: 89). My answer to this dilemma is, what about the business we lose when patients defect to other hospitals? What about the money we lose on equipment and professionals to perform procedures, with no one willing to have them? Perhaps most significant, what about the money we lose when we lose our donor base? This would be a tremendous loss to this hospital, and I believe it is very important to appeal to the values of those who give us money. As Adam Smith said, “all money is a matter of belief.”

I must now be transparent with all of you. Many of you who spoke in opposition to my proposal did so because I didn’t explicitly state that women in this community should not have access to these services, even if they need or demand them. Keenan was correct in saying that I only implied this position, but here I am stating it. We shall, with no exceptions, refuse services (abortion, IVF, and prenatal testing) to all women. Those who need or demand them shall be referred to the fertility clinic we will open in lieu of offering these services at this hospital. I explain this in more detail below.

After making that clear, I can speak to the critique I received by Committee member Donna, National Organization of Women Chapter President. Listen up, Donna. I am a woman. I don’t identify as a feminist but that does not mean I don’t value and strive for equality. I am fighting against offering ART in this hospital not to promote the patriarchy, but because it is what I think will allow this hospital to smoothly transition out of its previous allegiances to Catholicism. What matters most to me about a hospital is that it can operate effectively, treat patients comfortably, and take care of its staff. This decision is in no way meant to tell you what you should or shouldn’t do with your body. This is evidenced by my proposition to open a fertility clinic in Sasquatch. I’d also like to call attention to the fact that there are feminists who stand in strict opposition to reproductive technologies. In an article in the Creighton Law Review titled Feminist Perspective, feminist Barbara Katz Rothman cites the patriarchy as the reason why women should not use reproductive technologies. She writes that under the terms of a patriarchy, “women are described as the daughters of men who bear children” (Rothman, 1991: 1600) and as such have a moral obligation to do so. One of her arguments is that women should not be expected to go to great lengths to have children simply because that is their purpose according to the male agenda. All of this is to say that being opposed to reproductive technologies cannot be equated with being anti-woman.

On the one hand, a hospital has a duty to reflect the beliefs of its population, or else a foundation of trust and mutual understanding cannot exist. Anthropologist Sherine Hamdy writes,“the perceived efficacy of a treatment plays an important role in shaping one’s ethical stance toward it. To understand how patients arrive at complex ethical decisions, we must be attentive and vigilant to their own experiences and understandings of their disease processes and etiology and their own cost-benefit analyses, which may be articulated in religious terms.” (Hamdy, 2012: 156) If we begin to offer and subsidize abortion services, individual with strict catholic beliefs on abortion will feel less comfortable seeking treatment at this hospital. Being the main resource for healthcare in this community, that cannot and should not be the case. In Testing Women, Testing the Fetus, Rayna Rapp discusses the importance of environment to women and families seeking care at hospitals. The more successful patient care settings Rapp observed are those in which patients feel the most comfortable. She writes, “entering into the ecology of prenatal clinics are the stability of residential neighbourhoods: city, state, and federal health care funding and politics, hospital labor contract negotiations and issues of community control.” (Rapp, 2004: 169) Additionally, in her book Magical Progeny, Modern Technology, Swasti Bhattacharyya highlights the importance of what she calls “cultural competency.” This is defined as “the need [for healthcare providers] to be understanding as well as sensitive to the different cultures, socioeconomic backgrounds, and belief systems of their patients.” (Bhattacharyya, 2006: 5) By offering treatments that fundamentally clash with the beliefs of most of our patient demographic, we are putting our cultural competency in jeopardy. This hospital thus should not offer or subsidize abortion services, IVF treatments or prenatal testing.

On the other hand, as a modern-day hospital it would be irresponsible to not offer the most advanced and up to date treatments to our community. Additionally, not offering these services does not mean members of our community will not seek them out, it just means they have more hoops to jump through to receive adequate care. I propose we open a separate fertility clinic in our community, not affiliated with the hospital. This will provide an opportunity to offer abortion, IVF services, and prenatal testing, as well as hire a new staff with no conflicts of interest. Through a detailed analysis of many religious/cultural standpoints on issues of bioethics, it becomes extremely clear that patients seeking reproductive therapies should be considered in a case-by-case basis so as to respect the complex nature of decision-making in pregnancy. In their ethnographic work titled Blessing Unintended Pregnancy, Don Seeman et al write, “as many studies show, women make decisions about mothering and reproduction amid a complex layering of structures, beliefs, and values…” (Seeman et al, 2016: 44) Rayna Rapp argues that women are “at once held accountable at the individual level for a cascade of broadly social factors which shape the health outcome of each pregnancy, and individually empowered to decide whether and when there are limits on voluntary parenthood.” (Rapp, 2004: 319) A hospital previously rooted to such a specific set of values is not equipped to honor this complexity. However, a separate clinic in our community would. Let’s stop trying to squeeze the practice of ART into our institution, a place that comes with heavy baggage that would be tough to divorce from. Rather, let’s focus our efforts on building a safe space–unaffiliated with any one belief system–and hiring trained and willing staff so families can make their own decisions about fertility therapies.

Keenan introduced an interesting point about different segments of the community requiring different things in order to be comfortable. In other words, how do we decide what policies will make the majority of people feel accommodated? What if those who want access to reproductive services we refuse to offer no longer feel comfortable in this space? My argument has placed more value in the opinions stated by religious bioethics than by those held by secular ethicists. More broadly, I am siding with a religious worldview over a scientific one. I can justify this in two ways, both of which speak to the main discipline I used to generate my argument: anthropology. The first justification is that we are not only considering the current perspectives of our community members, but also the history. Irish Catholics define this community more than anyone else by virtue of sheer staying power. We cannot ignore the past when shaping the future. My second justification is that in this instance, I think religious beliefs are more powerful than scientific ones. By this I mean that an Irish Catholic patient of this hospital would have a bigger problem accepting treatment here—unrelated to pregnancy—if we were to offer abortion services than a secular woman would if the situation were reversed. The only evidence I have to support this statement is my personal sentiment as a secular “techno-optimist” (Braun, 2005: 42), though I do think this holds some clout.

In his critique, Dr. Elmasri argued that too much of the support for my arguments came from opinions presented by ethnographers, not facts. He is correct that I did pull quotations from some analysis sections within the ethnographies we read, where the author is pointing out trends they noticed while conducting their research. I believe this addresses one of the limitations to my use of anthropological findings to substantiate my argument. A participant observer in a society isn’t there to collect facts, they are there to collect stories. Stories innately have bias, and the way the observer decides to tell these stories also generates bias. Perhaps had I relied more heavily on theology, I would have had a deeper understanding of where the bioethics of different religions comes from, and therefore would have more accurate things to say about the religions represented in our community.

Finally, Keenan and others pointed out that based upon my previous arguments, there may not be support for a fertility clinic in our town. In response, I say that he is misinterpreting my warning about offering these services in the framework of a historically Catholic hospital. He thinks that this means there would not be a need for nor a donor base to support a brand new clinic. I did not, however, argue that there is not a need in our community for these services. When I spoke about homogeny earlier, I did not mean our population consists exclusively of religious people. There are nonreligious, religious but not observant, and completely secular people as well—though that is not to say that everyone who identifies with these categories will be pro-biotechnology. Additionally, there are observant religious people who will go seeking these treatments despite whether their bioethics deems it permissive. Evidence for this statement can be found in Sherine Hamdy’s research on Muslims in Cairo and their interactions with new biotechnologies. She writes, “In various ways patients grappled with how to achieve the greatest benefit for themselves and their families, while at the same time trying to conform to what would please God.” (Hamdy, 2012: 156)

I am arguing that the implementation of these services in our hospital is like trying to fit a square peg into a round hole. We should allow the women in our community who demand these services to be treated, but this hospital is not a conducive environment for this to occur. We must begin with a blank slate. Rather than expecting our same hospital donor base to continue providing support after implementing a change that would go against their values, we can start anew with different donors. Rather than training an unwilling staff to perform the procedures, we hire a willing staff to do so. This is the best solution.

Midterm Assignment (Hannah Gold)

My name is Hannah Gold: anthropologist, scientist, and mother. I am here to speak in opposition to this policy proposal. I am from a nearby city outside of Sasquatch therefore I can provide an unbiased, reason-based outsider perspective on this ethical dilemma. I want to begin by outlining the Catholic Church’s position on the topic of Assisted Reproductive Technologies (ART). We must first understand where this hospital stood on this issue prior to its separation from the church in order to judge just how big of a value shift this hospital would have to make if we were to begin to subsidize abortion services, IVF treatments, and prenatal testing. Donum Vitae, the statement by the Congregation of the Doctrine of the Faith on bioethical issues, takes a clear stance against ART if it in any way endangers a fetus. The church states, “Since the embryo must be treated as a person, it must also be defended in its integrity, tended and cared for, to the extent possible, in the same way as any other human being as far as medical assistance is concerned.” (CDF, 1987: 149) This translates to a complete opposition to abortion and IVF (due to the fact that it is not morally permissible to destroy an embryo at any stage), and acceptance of but strict limitations to prenatal testing. Hypothetically this hospital could offer non-invasive prenatal testing and have it align with its previous values. However, what happens if the tests uncover something horribly wrong with the fetus? There are no options here, as abortion is absolutely not permitted. This begs the question, what is the use of offering amniocentesis procedures if nothing can be done about positive results?

Beyond the official documentation of the Catholic Church’s position, these values permeate into the everyday lives of practicing Catholics. A look into the history of this town and its inhabitants is proof of this; it took until 2017 for this hospital to even consider offering assisted reproductive services. In her ethnography Testing Women, Testing the Fetus, anthropologist Rayna Rapp interviewed American women of many denominations to understand the role that spirituality plays in decision-making during pregnancy. One woman said, “Basically, I grew up Catholic, I think it’s tragic to end a pregnancy, to end a life.” (Rapp, 2004: 155) Rapp writes, “several catholic women…told me they were afraid to go to confession in their neighborhood parish churches after having amniocenteses.” (Rapp, 2004: 159) It should be clear by now that, based on the value system outlined above and the fact that this town has operated under Catholic auspices for over one hundred years now, this hospital has a long way to go on the road to accepting and offering reproductive technologies.

Now, a divorce from the Irish-Catholic denomination is a fantastic opportunity to update the ethical ground upon which this hospital operates; an opportunity to include belief paradigms and ethics systems of this entire community rather than just appealing to the catholic ideology. One way we should do so is by discontinuing spiritual counseling for Catholics. This type of counseling serves a very narrow audience. Our objective here is to become more inclusive; to offer services that all community members will be accepting of and have access to. Spiritual counseling through medical decisions can very well continue within specific religious circles, however it is not a necessary component of this hospital. A separation from the Catholic Church requires a clean slate and a redesign of the foundational values this community is built upon. We now must consider the broader community of Jews, non-Irish Catholics, Japanese immigrants and Shiite Muslims, and the values systems represented by individuals within these groups.

In her ethnography Reproducing Jews, Susan Kahn evaluates the Jewish-Israeli position on assisted conception, which is arguably the most liberal out of our four representative populations. She writes, “at the time of my research in the mid-1990s, there were more fertility clinics per capita in Israel than any other country in the world.” (Kahn, 2000: 2) Kahn ultimately argues that these technologies are supported by, not counter to, Jewish religious law. She writes, “from the perspective of Jewish law, infertile couples seeking to solve their childlessness with the air of new reproductive technologies does not evolve out of a consumerist impulse but out of a compulsion to fulfill a divine commandment.” (Kahn, 2000: 170) However, despite a general acceptance of ART in the Jewish community, that is not to say that all Jews are equally tolerant. In his chapter in the book Kin, Gene, Community, Dr. Don Seeman mentions Rabbi Eliezer Waldenman, an “important posek (decisor) identified with the Haredi or ultra-Orthodox community of Jerusalem, which opposed IVF as ‘unnatural.’” (Seeman, 2009: 349) A similar dichotomy is observed in the Shi’ite Muslim population. In her article titled Kinship, Propriety, and Assisted Reproduction in the Middle East, Morgan Clarke writes, “Almost all authorities, Sunni and Shi’a, are in agreement that artificial interventions in human reproduction are welcome, as a scientific advance and medical boon, insofar as they involve only a husband and wife couple.” (Clarke, 2007: 74) While this guideline seems simple, it is actually ripe with complexity in practice. IVF, donor insemination, and surrogacy arrangements are considered forms of adultery, therefore are forbidden by Islamic law. (Clarke, 2007: 75) Even when the procedures are performed, there is extreme judgment surrounding them. Through interviews with medical contacts in Lebanon, Clarke found that “infertility is stigmatized, and any suspicion of abnormality, especially in the field of sexuality and reproduction, is to be avoided.” (Clarke, 2007: 74) Lastly, we shall examine Japanese populations. In her studies on reproductive technologies in Japanese medical practice, anthropologist Tsipy Ivry found that technologies such as prenatal diagnosis “currently [are] located backstage of prenatal care.” (Ivry, 2010: 77) She cites the reason for this opposition to be the fact that Japanese people regard a mother and fetus as one single entity. She writes,

“The gravity of the conceptual tension that PND tests—a set of technologies in which ‘the embryo and fetus come to be visualized as patient-like entities entirely or largely independent of the woman’s body’ (Locke 1998, 206)—introduce into a medical system that tends to emphasize the embodied mode of maternal responsibilities for fetal health.” (Ivry, 2010: 105)

Here there isn’t so much a conflict of beliefs and values like we have seen in Catholic, Jewish, and Muslim populations, there is just a general lack of interest in these services.

We can now consider a scenario in which this hospital provides abortion services and subsidizes them for under-insured patients, and how this would affect our patients, staff, and finances. As detailed above, the values held by the ethnic and religious groups in this community have extremely mixed opinions about ART. Even in the Jewish population, seemingly the most liberal when it comes to reproductive technologies, there exists fierce opposition to many of the practices. Of course the positions I outlined above are not by any means wholly representative, rather they likely inform the individual experience of decision-making during pregnancy. We therefore should not offer these services because evidence suggests there would not be a large enough consumer/user population.

Next, we must consider the staff of this hospital and the administrators who run it. A useful analogy here is that of traffic waves. When a traffic incident occurs such as an accident or construction, traffic on a highway will continue in a specific location long after the cause of the back-up has cleared. This physical phenomenon is analogous in many ways to the introduction of new technologies into a hospital. Say we make a decision to offer ARTs in our hospital. We have resolved our ethical traffic jam; however there would be persistent consequences of the implementation of these technologies for the staff who must use them. We are, essentially, forcing a value system upon a population of healthcare professionals and requiring that they perform procedures they do not agree with. Even if the doctors are willing to do the procedures, consider the stigma they hold. In her interviews with medical professionals in Lebanon, Morgan Clarke found that clinicians had to be extremely careful to tiptoe around the stigma. She wrote, “medical contact in Lebanon initially insisted on my signing a confidentiality clause, warning me, with perhaps exaggerated concern, that a breach of privacy could result in ‘honour killings’.”(Clarke, 2007: 77) In Rayna Rapp’s work, she found that many Catholic women feared going to their neighborhood churches after having amniocentesis. (Rapp, 2004: 159). I will now outline potential consequences of requiring hospital personnel to do these procedures.

As I mentioned above, the values held by our predominantly Irish-Catholic staff would interfere with them performing procedures such as abortions, IVF, and amniocentesis. This is a large reason why our hospital should not offer them. Though we are working with trained healthcare professionals, it is not a good idea to allow a community of healthcare workers to perform procedures they fundamentally do not agree with. This would be irresponsible for a hospital to do, as the quality of care would go down.

Finally, we all know how important a donor base is to a hospital, especially one in rural Connecticut. Who is to say that we could even afford the technology, never mind pay new specialists to perform the procedures and counsel our patients? Without a donor base, how conceivable is it that we could acquire the technology, hire people to train our staff, and hire more staff to perform the procedures? It has come to my attention that doctors have complained about Catholic clergy interfere with their work. Susan Kahn describes a similar scenario in Reproducing Jews, where rabbinic concerns for ART provide a major obstacle to Orthodox Jews seeking these medical procedures. In fact there is an entire organization (titled PUAH) is dedicated to mediating the relationship between religious and medical authorities in Orthodox Jewish communities in Israel (Kahn, 2000: 89). My answer to this dilemma is, what about the business we lose when patients deflect to other hospitals? What about the money we lose on equipment and professionals to perform procedures, with no one willing to have them? Perhaps most significant, what about the money we lose when we lose our donor base? To a certain point it is very important to appeal to the values of those who give us money. As Adam Smith said, “all money is a matter of belief.”

On the one hand, a hospital has a duty to reflect the beliefs of its population, or else a foundation of trust and mutual understanding cannot exist. Anthropologist Sherine Hamdy writes,

“the perceived efficacy of a treatment plays an important role in shaping one’s ethical stance toward it. To understand how patients arrive at complex ethical decisions, we must be attentive and vigilant to their own experiences and understandings of their disease processes and etiology and their own cost-benefit analyses, which may be articulated in religious terms.” (Hamdy, 2012: 156)

If we begin to offer and subsidize abortion services, individual with strict catholic beliefs on abortion will feel less comfortable seeking treatment at this hospital. Being the main resource for healthcare in this community, that cannot and should not be the case. In Testing Women, Testing the Fetus, Rayna Rapp discusses the importance of environment to women and families seeking care at hospitals. The more successful patient care settings Rapp observed are those in which patients feel the most comfortable. She writes, “entering into the ecology of prenatal clinics are the stability of residential neighbourhoods: city, state, and federal health care funding and politics, hospital labor contract negotiations and issues of community control.” (Rapp, 2004: 169) Additionally, in her book Magical Progeny, Modern Technology, Swasti Bhattacharyya highlights the importance of what she calls “cultural competency.” This is defined as “the need [for healthcare providers] to be understanding as well as sensitive to the different cultures, socioeconomic backgrounds, and belief systems of their patients.” (Bhattacharyya, 2006: 5) By offering treatments that fundamentally clash with the beliefs of most of our patient demographic, we are putting our cultural competency in jeopardy. This hospital thus should not offer or subsidize abortion services, IVF treatments or prenatal testing.

On the other hand, as a modern-day hospital it would be irresponsible to not offer the most advanced and up to date treatments to our community. Additionally, not offering these services does not mean members of our community will not seek them out, it just means they have more hoops to jump through to receive adequate care. I propose we open a separate fertility clinic in our community, not affiliated with the hospital. This will provide an opportunity to offer abortion, IVF services, and prenatal testing, as well as hire a new staff with no conflicts of interest. Through a detailed analysis of many religious/cultural standpoints on issues of bioethics, it becomes extremely clear that patients seeking reproductive therapies should be considered in a case-by-case basis so as to respect the complex nature of decision-making in pregnancy. In their ethnographic work titled Blessing Unintended Pregnancy, Don Seeman et al write, “as many studies show, women make decisions about mothering and reproduction amid a complex layering of structures, beliefs, and values…” (Seeman et al, 2016: 44) Rayna Rapp argues that women are “at once held accountable at the individual level for a cascade of broadly social factors which shape the health outcome of each pregnancy, and individually empowered to decide whether and when there are limits on voluntary parenthood.” (Rapp, 2004: 319) A hospital previous rooted to such a specific set of values is not equipped to honor this complexity. However, a separate clinic in our community would. Let’s stop trying to squeeze the practice of ART into our institution, a place that comes with heavy baggage that would be tough to divorce from. Rather, let’s focus our efforts on building a safe space–unaffiliated with any one belief system–and hiring trained and willing staff so families can make their own decisions about fertility therapies.

 

 

 

 

 

Unit Five: Cultures of Testing (Hannah Gold)

In class thus far we have discussed both kinship and views on Assisted Reproductive Technologies through the lens of different religions. These two topics go hand in hand because religious authorities always cite kinship cosmology when defining their position on ART. This week our focus is on women: we examine a woman’s approach to the process and the state of being pregnant and how this informs their experience in an increasingly complex medical system. We dive into a specific type of technology—prenatal testing—to highlight the differences that women have in their opinions and use of ART. It becomes clear that a whole slew of factors, from social to economic to religious to moral, determine these different approaches. As we will see, discourse in kinship cosmology and religious paradigm is undoubtedly woven into these conversations.

Rayna Rapp’s book, Testing Women, Testing the Fetus is an ethnography about the culture and practice of prenatal testing in the United States. Her methodology was strikingly similar to that of Susan Kahn in her book Reproducing Jews in that both interview all of the involved parties to gain a three hundred sixty-degree understanding of a certain practice. Not only did she interview women receiving prenatal testing, but she also interviewed genetic counselors, diagnosticians, and geneticists. She even divided that first category into women at all stages of testing: those who were deciding whether or not to have the test, those who refused it, those who tested and received a positive diagnosis, and those who already have disabled children whose births the test could have prevented. Rapp places the spotlight on women, as they are the “consumers” (34) of reproductive technologies and their stories deserve to be considered in the conversation about the ethics of, support for, and education on prenatal testing.

We also read an article from the Medicine Anthropology Theory journal titled Blessing Unintended Pregnancy written by Dr. Seeman, Iman Roushdy-Hammady and others. The authors conducted an ethnographic study on pregnancy in an underserved population in southeastern United States. The study participants were African American residents at Naomi’s House, a homeless shelter for struggling families. The researchers collected information about the participants’ religious views, their education and decisions regarding their pregnancies and reproductive health, and their spiritual upbringing. In this article the authors break down the notions of intention in pregnancy. They argue that dichotomizing intention as “intended” and “unintended” fails to recognize the complexity of decisions to and to not get pregnant. They find that often times women do not view getting pregnant as an individual decision, but as a life event destined by God.

Two major themes emerge from this week’s readings: agency and access. I will first discuss access. Dr. Seeman et al gave insight into a specific population: homeless African American women. In contrast, Rapp’s study covers a diverse demographic in socioeconomic class and ethnicity. When comparing these readings I couldn’t help but wonder how any of Rapp’s findings could possibly relate to the population from the Naomi’s House study. These women are most concerned with how to support their children, how to feed and house their families, how to make sense of a pregnancy that was perhaps forced upon them. Seeman et al cite an “inability to control central features of their reproductive experience” (38) as one of the reasons for pregnancies and poor reproductive planning in women at Naomi’s House. They are not the demographic seeking prenatal testing; this is likely not even a consideration for them. If testing isn’t a prominent concern in the first place, a discussion about access is irrelevant here.

However, if we assume prenatal testing is a consideration for all women, then we can consider access. Rapp states that Medicaid covers prenatal care, including prenatal testing. (170) Despite this fact, Rapp writes, “it is an axiom of genetic counseling that middle class patients (disproportionately white) usually accept the test while pooper women (disproportionately from ethnic-racial minorities) are more likely to refuse it.” (168) She says that the reason for this is because of the “environment in which [women] receive health care,” (168) meaning that the level of comfort an individual has in a certain medical environment is related to how likely they are to adhere to a doctor’s recommendations of prenatal testing. While this may be a limiting factor, what about everything that happens after the amnio? Let’s say all pregnant women are both scientifically literate and able to undergo prenatal testing; what about all of the resources required if the test is positive? Is abortion even a financial option? What about the resources needed to raise a child with disabilities? Is that a financial option? The majority of women from Seeman’s study, presumably, would not choose to abort for religious reasons. Whitney wouldn’t even get her tubes tied because “it wasn’t based in the Bible.” (34) So even if there is access to the consideration of the test and access to the test itself, is there access to dealing with its outcomes?

While these two readings address very real concerns in very different populations, there is one distinct commonality. Both conversations require a discussion of agency. Seeman et al write, “We believe that we are better able to make sense of our informants’ reproductive experiences when we turn our attention to what anthropologists have called ‘agentive capacities’ (Coole 2005).” (31) They go on to argue that often times agency is not an individual’s luxury. Many of the women in their study say that their pregnancy was a “life-affirming agency beyond their control” (31) and place the reasoning behind the even in a spiritual realm. This clearly muddles the line between “intended” and “unintended” because if one considers God’s agency in an individual becoming pregnant then of course all pregnancies are intended.

An interesting comparison can be drawn here between women not having agency in when they get pregnant and women not having agency in what types of reproductive technologies become available to them. Rapp writes, “as historian Ruth Cowan points out, it is often hard to spot the agency of women in the development of a technology for which they become consumers” (34). We can perhaps compare the introduction of new technologies as a kind of deterministic, God-like power to not only have kids, but also to have genetically perfect ones. Rapp writes, “across divides of class privilege, racial-ethnic or national background, and religious affiliation, many individuals hold mothers responsible for fetal quality and health.” (120)

  • Does the presence of new technologies to bring perfect children into the world imply responsibility to use them?
  • Can we draw a comparison between the obligation from God to take a baby to term (as he intended) and the obligation to test a fetus for imperfection, and terminate it if imperfections are found?

Both of our readings place a large emphasis on gaining an understanding of the individual—in this case the woman—before making a decision about intention in pregnancy and fetal testing. My lingering questions surround the topic of how best to fit anthropological findings into both quantitative Public Health research methods and in every day medical practice. Seeman et al write, “our engagement with women at Naomi’s House allows us to see that between the dichotomy of agency and constraint there lie other possibilities that have only rarely been described in public health literature.” (44-45) Rapp writes, “Despite a commendable commitment to abstract notions of distributive justice, the definition of “expert” is weighted toward representatives of powerful academic and humanist fields like philosophy, jurisprudence, and medicine.” (46) There seems to be a theme in these readings and in the class as a whole—a need for a more holistic approach to medicine.

  • How do you quantify intentionality?
  • Where does a discussion of “divine prerogative” (34) fit into a secular discussion about individual agency, particularly in a courtroom?
  • Should everyday consumers be the ones deciding what technologies should and shouldn’t become publicly available, like Rayna Rapp is suggesting?

Unit Four: Kinship and Religious Law (Hannah Gold)

Earlier this week my roommate came home to me laying in bed curled up with Susan Kahn’s Reproducing Jews. She happened to be coming from a visit with Eliana, the wife of a young Atlanta Rabbi. Interestingly enough, that day Eliana told my roommate about her visit to her  “birth control Rabbi” to discuss the possibility of getting an IUD. I asked my roommate what a birth control Rabbi was (picturing in my head my 10th-grade Sex Ed teacher wearing a kippah) she told me it was a Rabbi who specialized in what Jewish halakha says about contraception. She said that Eliana goes to a different Rabbi depending on what kinds of questions need answering in her life. This reminded me of how I go to a different store depending on what kinds of grocery items I need in my apartment: I’ll go to Whole Foods if I am looking to treat myself to overpriced fruits, Trader Joe’s for wine and avocado hummus, CVS if I need a candy bar and some laundry detergent, and Kroger for pretty much everything else.

This anecdote demonstrates what I interpret as the shopping cart-like essence of Judaism and Jewish Law. This view is highlighted in our readings this week about a Jewish take on Assisted Reproductive Technologies (ART).

Susan Martha Kahn’s book, Reproducing Jews, is an ethnography of Israeli Jews that seeks to identify Jewish beliefs about reproductive technologies. She looks at three populations: unmarried women who underwent IVF or were looking to, medical professionals in a fertility clinic, and finally rabbis and other Orthodox Jews who are experts in the field of ART.

Michael Broyde’s chapter examines how Judaism views reproductive cloning from a religious, biological, and legal standpoint. Broyde argues that cloning is consistent with halakhic teachings, however cautions his audience to be careful not to be too permissive especially in the face of uncertainty so as to “[minimize] the potential of Jewish Law violations.” (315) The utilitarian argument of “do no harm” that Ayman talked about in his post last week applies here.

Finally, our very own Don Seeman’s chapter from Kin, Gene, Community calls for a need to consider humanness and culture—rather than relying on rote religious-technical arguments—when doing a comparative analysis of a religious take on ethical issues such as ART. He writes, “good literature and good ethnography each make us more aware of the moral ambiguities and subtle leitmotifs as well as grand cultural narratives and power structures in which reproductive choices are made.” (357)

There is a distinct theme in these readings that contextualize this week’s topic of Religious Law. Last week we saw that the Congregation of the Doctrine of the Faith and the French National Bioethics Committee cite “natural law” as their source of authority on ART. However, all three of our authors this week argue that Jewish law is divorced from, and perhaps wholly ignores, nature. In an argument against a previous comparison of Jewish and Euro-American concepts of kinship Kahn writes, “If we understand Strathern’s concept of ‘nature’ to be synonymous with a set of beliefs that privilege genetic relatedness…then we must recognize significant differences between Euro-American and Jewish beliefs about kinship.” (165) Broyde’s chapter highlights how differently Jewish Law can be interpreted in order to get certain results, which is inconsistent with an absolute, nature-driven argument. For example, he discusses IVF and how some rabbis argue that the egg donor is the true mother, some argue that the gestational mother is the true mother, and some even argue both. Seeman cites the Catholic Church’s governance via natural law as one of the reasons Jews and Christians diverge so much on this issue of ART. He writes, “a lack of overriding concern with ‘nature’ or natural law in rabbinic jurisprudence can make halachah eminently more flexible than some other forms of ethical deliberation when it comes to new reproductive technologies.” (359)

Seeman’s argument about flexibility brings us back to the shopping cart idea from the beginning of my post. The fact that Eliana, or anyone for that matter, can pick and choose her source of religious authority depending on the issue at hand seems to be a very common occurrence in Judaism. In my personal experience, I feel almost encouraged to modify Judaism to fit my lifestyle, even if that means feeling Jewish just because I like to eat challah on Fridays. In the debates about ART, it seems as though you can find a way to sculpt halakhic teachings to fit any argument. Kahn writes, “all this cutting and pasting of conceptual kinship categories is somewhat of a game” (169) when discussing how Israelis will accept paternity of Israeli Jewish sperm donors but deny it if the donor is a non-Jew.

Dr. Seeman asked us in his VoiceThread this week to consider how Judaism and Catholicism hold respectively the most permissive and the most restrictive opinions on ART. Perhaps this has to do with the fact that halakha is derived from the Talmud, the “oral torah,” which is not only based on written scripture but also on commentaries and commentaries of commentaries from a million rabbis who all have different views on every issue. Judaism 101 describes the Talmud as “some else’s class notes from a college lecture you never attended.”[1] Perhaps this structure allows for Judaism to most efficiently evolve with the times, to have greater authority technology-related issues that were inconceivable to our old friend Moses. Perhaps, as Dr. Seeman argues, it is a divorce from nature law that allows for so much plasticity in Judaism.

I can’t help but wonder, however, how big of a role the history of the Jewish people plays here. In addition to discussing what the Bible says about barren women being “an archetype of suffering,” (3) Kahn provides a historical context to Israeli pronatalism. She cites Arab birthrates, a desire to increase numbers in the Israeli Defense Forces, and replacement of Jews lost in the Holocaust as potential factors motivating such a permissive attitude about ART. On the contrary, Dr. Seeman argues the “sociological factors” such as “high Arab birth rates or the much vaunted ‘pro-natalism’ of post Holocaust Jews” (350) are insufficient in explaining Israeli Jews’ policies on ART. However, these arguments can go back even further in history. Not only have Jews never been the majority in any country they’ve ever inhabited, but they have also been the recipient of persecution and oppression time and time again.[2] I am not arguing that other religious and ethnic minorities have not also been subject to extensive persecution or that the Jews had it the worst out of anyone. I am arguing that this history undeniably weaves its way into Israeli Jewish permissiveness on the subject of technologies that allow for the production of more Jews. More generally, a shopping-cart attitude toward a religious tradition allows for pretty much anyone to adopt a “Jewish identity” in some form or another. It allows me, the worst Jew of them all, to call myself a Jew and have Jewish babies even in the absence of any substantive practice. Perhaps permissiveness in Jewish Law is equally a product of scripture, culture, and history.

 

Some Q’s to consider:

Does halakhic permissiveness detract from how much authority the religion itself holds?

Does Judaism really diverge from natural law, or does it simply have its own concept of natural law?

When we read interpretations, how do we know who to listen to?

When it comes to the Bible, certain interpretations can only apply to the state of affairs in a specific period in time. Do we need to keep updating in order to come to an interpretation that applies to humans of the most modern times?

Is it more effective for a religious tradition to be more permissive or more restrictive?

 

[1] http://www.jewfaq.org/torah.html

[2] https://en.wikipedia.org/wiki/Persecution_of_Jews