trickybeck wrote:
Nexa wrote:
I think you're misunderstanding. It would be misconduct for him to refuse services due to the patient's race, creed, color, or national origin...because those are protected classes. It would not be "professional misconduct" to deny services due to tatoos, being fat, being gay, or a midget...just not very nice.
Nexa
Well if he claims the tatoos are an afront to his religion...or something. I didn't really read the article, I just felt like pointing out that gbaji is a tool.
The point I was trying to get across is that the reason he does not want to treat someone with tatoos (or the child of someone with them for DF) is absolutely irrelevant. He has the freedom to make that decision for any reason he wants. For no reason at all if he wants. He can say it's for his Christian beliefs, or because space aliens told him not to. It really doesn't matter.
What matters is that legally he has the right to refuse that service in his own practice. Does it make him an A-hole? Perhaps. But that's largly going to be our assessment of his reasons, not an assessment of his rights. His rights remain in place regardless of how "bad" we view his reasons for exersizing those rights.
The second part of what I was trying to get to earlier is that if we start trying to restrict the reasons for which someone can exercize their rights, we are ultimately destroying the rights themselves. So even if you think his reason for denying service to the child of a tatooed woman is totally nutso insane, he still has that right, and our assessment of whether or not his right is valid should not be based on *why* he choose to apply it, but *what* the right in question is. And, as was pointed out, there is no law saying that he can't deny service on the basis of someone's tatoos/appearance. Thus, regardless of the specifics as to why he did it in this case, he's free to do so.
This logic also nullifies the semi-counter applied in the story, where a second person said that she was a patient of his and also had tatoos. Ultimately, it does not matter either. He's free to be as inconsistent in his choices as he wishes to be as long as he's not violating the short list of things he can't discriminate over. The fact that he *can* refuse service to someone with a tatoo and even that he *did* in this case, does not now legally obligate him to refuse service to everyone with tatoos. He's free to excersize his right whenever and for any reason he wants.