Debates about the ethics of health care and medical research in contemporary pluralistic democracies often arise partly from competing religious and secular values. Such disagreements raise challenges of balancing claims of religious liberty with claims to equal treatment in health care. This paper proposes several mid-level principles to help in framing sound policies for resolving such disputes. We develop and illustrate these principles, exploring their application to conscientious objection by religious providers and religious institutions, accommodation of religious priorities in biomedical (...) research, and treatment of patients’ religious views in doctor–patient encounters. Given that no sound set of guiding principles yields precise solutions for every policy dispute, we explore how morally sound democracies might deliberatively resolve such policy issues, following our proposed principles. Taken together and carefully interpreted, these principles may help in guiding difficult decision making in the indefinitely large realm where government, medical providers, and patients encounter problems concerning religion and medicine. (shrink)

Gabriele Badano offers three criticisms of my challenge to the orthodox family of theories of legitimacy in bioethics. First, I assumed an ‘oversimplified version of the orthodoxy’. Second, I failed to appreciate its domain of application. Third, I only addressed the ways in which orthodox theorists incorporate substance as an ‘afterthought’—and, even then, only by rehashing Gopal Sreenivasan’s argument. Here, I respond to each, taking up the first and third before ending with reflections on the second. The first underestimates the (...) insight that criticism of the simplified version provides to that of the more complex relatives. The third misunderstands the relationship between my view and Sreenivasan’s and neglects an entire argument of my paper. The second fails in light of these two, but raises interesting questions about how the method I suggest might be extended to other domains. (shrink)