conscientious objector's claim to religious freedom would warrant an exemption from
obligations under the RH Law, unless the government succeeds in demonstrating a more
compelling state interest in the accomplishment of an important secular objective.
Necessarily so, the plea of conscientious objectors for exemption from the RH Law deserves
no less than strict scrutiny.
In applying the test, the first inquiry is whether a conscientious objector's right to religious
freedom has been burdened. As in Escritor, there is no doubt that an intense tug-of-war
plagues a conscientious objector. One side coaxes him into obedience to the law and the
abandonment of his religious beliefs, while the other entices him to a clean conscience yet
under the pain of penalty. The scenario is an illustration of the predicament of medical
practitioners whose religious beliefs are incongruent with what the RH Law promotes.
The Court is of the view that the obligation to refer imposed by the RH Law violates the
religious belief and conviction of a conscientious objector. Once the medical practitioner,
against his will, refers a patient seeking information on modem reproductive health products,
services, procedures and methods, his conscience is immediately burdened as he has been
compelled to perform an act against his beliefs. As Commissioner Joaquin A. Bernas
(Commissioner Bernas) has written, "at the basis of the free exercise clause is the respect for
the inviolability of the human conscience.222
Though it has been said that the act of referral is an opt-out clause, it is, however, a false
compromise because it makes pro-life health providers complicit in the performance of an
act that they find morally repugnant or offensive. They cannot, in conscience, do indirectly
what they cannot do directly. One may not be the principal, but he is equally guilty if he abets
the offensive act by indirect participation.
Moreover, the guarantee of religious freedom is necessarily intertwined with the right to free
speech, it being an externalization of one's thought and conscience. This in turn includes the
right to be silent. With the constitutional guarantee of religious freedom follows the
protection that should be afforded to individuals in communicating their beliefs to others as
well as the protection for simply being silent. The Bill of Rights guarantees the liberty of the
individual to utter what is in his mind and the liberty not to utter what is not in his
mind.223 While the RH Law seeks to provide freedom of choice through informed consent,
freedom of choice guarantees the liberty of the religious conscience and prohibits any degree
of compulsion or burden, whether direct or indirect, in the practice of one's religion.224
In case of conflict between the religious beliefs and moral convictions of individuals, on one
hand, and the interest of the State, on the other, to provide access and information on
reproductive health products, services, procedures and methods to enable the people to
determine the timing, number and spacing of the birth of their children, the Court is of the
strong view that the religious freedom of health providers, whether public or private, should
be accorded primacy. Accordingly, a conscientious objector should be exempt from
compliance with the mandates of the RH Law. If he would be compelled to act contrary to his
religious belief and conviction, it would be violative of "the principle of non-coercion"
enshrined in the constitutional right to free exercise of religion.
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