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Freedom of Speech: Sara Spencer

Midwifery student Sara Spencer suspended over pro-life Facebook posts 

Topic | Freedom of Speech

Sara Spencer, a US-born midwifery student residing in Scotland, was suspended and subjected to a fitness-to-practise investigation because of pro-life comments she made on a private midwifery Facebook group. The mother of three had simply explained her conscientious objection to performing abortions in response to a post asking: “Do midwives have anything to do with abortions, and can they refuse to take part in carrying them out because of their beliefs?”

Marion McKinnon Photography (photo credit)

“It’s concerning that an NHS health board would be reluctant to welcome a student who holds certain beliefs regarding the significance of unborn human life.”

Case summary

In April 2024, Sara contributed to a Facebook discussion by noting that there was “a right to refuse to take part [and the] law protects [individuals’] statutory right of conscientious objection” and that she would always personally object to participating in “killing” an unborn child.     

 As a result of complaints about her comments, Sara was summoned to a meeting with her line manager at NHS Fife, the Scottish health authority, who subsequently turned the matter over to Edinburgh Napier University, which initiated a Fitness to Practise investigation for a) bringing the profession or the University into disrepute b) conducting herself in a manner “detrimental to the safety, dignity, and wellbeing and personal and/or professional reputation of others” c) misusing social media and d) conducting herself in a manner falling below the expectations of the student’s relevant Professional Code.  

Against the recommendation of the Fitness to Practise officer handling Sara’s case, NHS Fife suspended Sara’s placement for the duration of the investigation.   

 ”Sara’s career has been negatively impacted by a cultural prejudice against people with pro-life opinions – present both at her university, and in her workplace.    

 ”It’s clear that, while committed to a number of diversity policies, universities across the country have struggled to uphold true diversity of thought – punishing students who peacefully express their own ideas. Sara’s story points to a need for legislation which reaffirms freedom of speech in these learning environments, if the reputational standards of Scottish universities are to remain intact,” said Jeremiah Igunnubole, Legal Counsel for ADF UK, who is supporting Sara.   

Continued discrimination despite being cleared of wrongdoing  

With legal support from ADF UK, Sara was subsequently cleared of all allegations, with the university finding “no case to answer”. NHS Fife strongly objected to this outcome, but changed its position following correspondence from the university.     

Despite being cleared of any wrongdoing, Sara’s professors at Edinburgh Napier University have continued to issue warnings to her about her social media use, referring to Sara’s comments regarding her pro-life beliefs as “inappropriate.”  

With support from ADF UK, Sara is now seeking acknowledgement of the rights to both conscientious objection and freedom of expression of protected beliefs from NHS Fife, as well as assurances that they will not discriminate against those students and professionals who express pro-life views in the future.  

Commenting on her case, Sara Spencer said: 

“It’s well-known that medical professionals in the UK have a right to conscientiously object to performing an abortion.    

“As a student, I expected to be able to freely engage in discussion among my peers about the grounds for my conscientious objection, and to respectfully debate matters of medical law, ethics, and the philosophy of midwifery care – matters which lie at the heart of our profession.  

“I was shocked by NHS Fife’s response to my expression of legally protected beliefs. It is concerning that an NHS health board would be reluctant to welcome a student who holds certain beliefs regarding the significance of unborn human life.”   

 

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