not mandatory. There must first be a determination by the FDA that they are in fact safe,
legal, non-abortifacient and effective family planning products and supplies. There can be no
predetermination by Congress that the gamut of contraceptives are "safe, legal, nonabortifacient and effective" without the proper scientific examination.
3 -Freedom of Religion
and the Right to Free Speech
Position of the Petitioners:
1. On Contraception
While contraceptives and procedures like vasectomy and tubal ligation are not covered by
the constitutional proscription, there are those who, because of their religious education and
background, sincerely believe that contraceptives, whether abortifacient or not, are evil.
Some of these are medical practitioners who essentially claim that their beliefs prohibit not
only the use of contraceptives but also the willing participation and cooperation in all things
dealing with contraceptive use. Petitioner PAX explained that "contraception is gravely
opposed to marital chastity, it is contrary to the good of the transmission of life, and to the
reciprocal self-giving of the spouses; it harms true love and denies the sovereign rule of God
in the transmission of Human life."188
The petitioners question the State-sponsored procurement of contraceptives, arguing that
the expenditure of their taxes on contraceptives violates the guarantee of religious freedom
since contraceptives contravene their religious beliefs.189
2. On Religious Accommodation and
The Duty to Refer
Petitioners Imbong and Luat note that while the RH Law attempts to address religious
sentiments by making provisions for a conscientious objector, the constitutional guarantee is
nonetheless violated because the law also imposes upon the conscientious objector the duty
to refer the patient seeking reproductive health services to another medical practitioner who
would be able to provide for the patient's needs. For the petitioners, this amounts to
requiring the conscientious objector to cooperate with the very thing he refuses to do
without violating his/her religious beliefs.190
They further argue that even if the conscientious objector's duty to refer is recognized, the
recognition is unduly limited, because although it allows a conscientious objector in Section
23 (a)(3) the option to refer a patient seeking reproductive health services and information no escape is afforded the conscientious objector in Section 23 (a)(l) and (2), i.e. against a
patient seeking reproductive health procedures. They claim that the right of other individuals
to conscientiously object, such as: a) those working in public health facilities referred to in
Section 7; b) public officers involved in the implementation of the law referred to in Section
23(b ); and c) teachers in public schools referred to in Section 14 of the RH Law, are also not
recognize.191
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