A letter to the editor in today’s Columbus Dispatch on the HHS mandated coverage for contraception, for which I can only say, “You can’t encourage government intervention in health care without realizing that what the government pays for, the government controls.” Were they just naive or amazingly terminally blind? I honestly don’t know, but I know they were wrong.
From Sr. Judith Ann Karam, president and CEO of the Sisters of Charity Health System in Cleveland:
I thank Vice President Joe Biden for visiting Ohio today.
The Sisters of Charity Health System is a Cleveland-based Catholic health-care organization which, in collaboration with other Catholic health ministries, actively promoted the passage of the Affordable Care Act. We are dedicated to increased health-care coverage and access and are supportive of the law’s efforts to improve quality of care and patient outcomes.
Maybe, sister, you should have fully understood the entire legislation before you encouraged your elected officials to vote for it.
I ask the vice president to help Catholic and other faith-based employers with a recent federal action. We are very disappointed with the Health and Human Services rule on women’s preventive services that requires the inclusion of contraceptive coverage and sterilization in employer-based employee-benefits plans. The regulation denies adequate conscience protections for religious employers like us.
Weak, weak, weak: “We are very disappointed.” Disappointed gets you nowhere. And the regulation also “denies adequate protections” for any employers who feels these requirements are morally evil, but as long as the church institutions get their exemption, they seem to be fine with others having to violate either their consciences or the law.
Our faith motivates us; we carry out the healing mission because of God’s call. And we are blessed to be joined in our ministry by a diverse and inclusive work force.
That’s why we supported legislation we didn’t understand that promoted government control. [/sarc]
We urge President Barack Obama to be consistent with existing provider conscience-protection laws and allow us to exercise our First Amendment rights to conscience protection as faith-based employers. Please fix this discriminatory rule.
From National Review, Kathryn Jean Lopez interviews Mark Rienzi, senior counsel at the Becket Fund for Religious Liberty and a professor of constitutional law at the Catholic University of America:
MARK RIENZI: The mandate forces individuals and organizations to violate their religious principles by providing their employees with drugs that cause abortion, as well as with contraception and sterilization. Whatever one thinks about the debate between “choice” and “life,” we should all be able to agree that only willing people should have to participate in abortions.
This country was founded by people of all different faiths and backgrounds. We have a great tradition of finding ways to work with people so as not to force them to violate their religious beliefs. The Obama administration’s refusal to do that here violates the Constitution and federal law.
LOPEZ: Is there a smart shorthand that captures that?
RIENZI: Sure: Tyranny….
LOPEZ: Is this about birth control or religious freedom?
RIENZI: The only issue here is whether the government will force unwilling religious objectors to give up their religious beliefs. There is no problem of access to birth control in this country. As the administration never stops saying, the stuff is popular and provided by most private employers. And when private employers don’t provide it, the federal government already gives it out to people who want it through Title X funding.
Let me give you an example. At the Becket Fund for Religious Liberty, we represent the monks at Belmont Abbey College in North Carolina. They are Catholic, and they have religious objections to providing these drugs. According to the Alan Guttmacher Institute, the federal government already provides contraception to more than 100,000 people in North Carolina, from more than 100 federally funded Title X clinics. There is simply no reason that the government can’t provide contraception to any employee of Belmont Abbey who happens to want it. So the question is not whether people will be able to get birth control — they can, and they will. People get plenty of contraception today without making Catholic monks give it out. The question is whether the government will use the issue to force a small religious minority to conform to the government’s view that birth control is a great idea. And that’s something the Constitution and federal law clearly forbid….
RIENZI: James Madison famously said that conscience is “the most sacred of all property.” Conscience — particularly in the religious sense — is the right all of us have not to be forced by the government to violate our religion. It is the idea that in a free country, the coercive power of the government should not be used to deny people the right to freely and peacefully practice their faith…. It is a bedrock principle of our Constitution, our history, and our basic liberty….
LOPEZ: I’m an atheist. I’m on the pill. Why should I care about this?
RIENZI: You should care because you are an American, and this is a fundamental liberty issue. Religious liberty is just one aspect of liberty. The same First Amendment that protects your right to be an atheist — which is a wonderful and noble thing that our First Amendment does — protects the rights of other people to have other views. Just as you wouldn’t want the government to force you to follow Catholic views about the pill, we also don’t want the government to force Catholics to follow your views. It’s a free country. If you want the pill, you can buy it, you can work for one of the millions of employers who happily pay for it, or you can get it for free from the federal government. But everyone should oppose this forced conscription of unwilling people to participate.
LOPEZ: Is this a Catholic issue?
RIENZI: No, it is a liberty issue. That’s why you’ve seen such a huge outpouring of criticism of the Obama administration from people of all religious faiths….
Read it all. Twice.
It seems as though the past few weeks have been all church (all the time), all government (all the time), and all individual liberty (all the time). Between the new HHS health care mandates that caught the Roman Catholic Church by surprise to the censoring of the Archbishop of the Military Services by the Army’s Office of the Chief of Chaplains, it truly has been an intersection among “the Church, the State, and the Person.”
One of the best summaries is that of Jonathan Last of the Weekly Standard:
…It is now a requirement of Obamacare that every Catholic institution larger than a single church—and even including some single churches—must pay for contraceptives, sterilization, and morning-after abortifacients for its employees. Each of these is directly contrary to the Catholic faith. But the Obama administration does not care. They have said, in effect, Do what we tell you—or else.
The beginnings of this confrontation lay in an obscure provision of Obama’s Patient Protection and Affordable Care Act, which stated that all insurers will be required to provide “preventive health services.” When the law was passed, “preventive” was not defined but left to be determined at a later date.
This past August, Health and Human Services secretary Kathleen Sebelius finally got around to explaining the administration’s interpretation of the phrase. Based on a recommendation from the Institute of Medicine, the administration would define “preventive health services” to include contraceptives, morning-after pills, and female sterilization. And they would interpret the “all insurers” section to include religious organizations, whatever their beliefs….
As soon as Sebelius released this decision, the Catholic church panicked. The Conference of Catholic Bishops reached out to the administration to explain the position in which it had put them. But the tone of their concern was largely friendly: Most Catholic leaders were convinced that the entire thing was a misunderstanding and that the policy—which was labeled an “interim” measure—would eventually be amended.
The reason for this optimism was that more than a few important Catholics had previously climbed out on a high branch for Obama politically, and for his health care reform as a matter of policy. …
So most Catholics took the president at his word when he met with Archbishop Timothy Dolan last fall and assured him that when the final version of the policy was eventually released, any fears would be allayed.
That was their mistake. Obama telephoned Dolan on the morning of January 20 to inform him that the only concession he intended to offer in the final policy was to extend the deadline for conformity to August 2013. Every other aspect of the policy enunciated by Sebelius would remain rigidly in place.
It’s unclear whether Obama anticipated the blowback which resulted from this announcement, or perhaps even welcomed the fight. The liberal Catholic establishment nearly exploded….
The reason liberal Catholics were so wounded is twofold. First, this isn’t a religio-cultural fight over Latin in the Mass or Gregorian chant. The subjects of contraception, abortion, and sterilization are not ornamental aspects of the Catholic faith; they flow from the Church’s central teachings about the dignity of the human person. Second, Obama has left Catholic organizations a very narrow set of options. (1) They may truckle to the government’s mandate, in violation of their beliefs. (2) They may cease providing health insurance to their employees altogether, though this would incur significant financial penalties under Obamacare. (The church seems unlikely to obtain any of Nancy Pelosi’s golden waivers.) Or (3) they may simply shut down. There is precedent for this final option. In 2006, Boston’s Catholic Charities closed its adoption service—one of the most successful in the nation—after Massachusetts law required that the organization must place children in same-sex households.
Which means that what is actually on the block are precisely the kind of social-justice services—education, health care, and aid to the needy—that liberal Catholics believe to be the most vital works of the church. For conservative Catholics, Obama merely confirmed their darkest suspicions; for liberals, it was a betrayal in full.…
Read it all, and I don’t care about your politics, but if you knew Pres. Obama’s history on abortion, there is absolutely no reason in the world why you would think he would have exempted anyone from these provisions. I guess the bishops didn’t do their homework, or chose to ignore or not believe what is public record.
And even if the church institutions get an exemption, it leaves the rest of us of all religions to pay for these same services whether we think they’re moral or not.
Two links at the American Papist:
This is not an invitation to pester these bishops/dioceses, it’s an invitation to help me track these remaining outlets and attempt to locate statements when they are made – thank you!
What of the Catholic and other religious laity? Who speaks for them?
When the U.S. Conference of Catholic Bishops (USCCB) through the years urged that the government install universal health care, they may have been working from what they perceived as Christian motives (corporal acts of mercy) but what they were really encouraging was government intervention in all aspects of an individual’s life.
Once the bishops finally realized that the Patient Protection and Affordable Care Act (Obamacare) included language that allowed for government-funded abortions, they tried to stop the legislation’s passage but it was too late. Sister Carol Keehan, president of the Catholic Health Association, eagerly supported the legislation, along with other Catholic people religious, and for too many years, much of the laity had heard from the bishops how health care coverage was something the government should provide.
Obamacare passed, and now the bishops are upset that Catholic institutions will be required to cover contraception, sterilization, and abortifacients. They are right: requiring this coverage is an assault on the First Amendment (prohibiting the free exercise of religion) and a massive interference in how churches and institutions are run, but it doesn’t end there.
What of a Catholic or other religious layperson who owns a business who will now be required to offer this coverage to his employees? The owner will have to provide, and pay for, what he considers morally evil. The bishops do a disservice to all concerned laypeople when they regard the matter as settled if religious institutions end up exempt. Why are the bulk of church members left to fend off the government intrusion for themselves?
USCCB has forgotten the church’s own principle of subsidiarity, that matters ought to be handled by the smallest, lowest or least centralized competent authority–something the federal government definitely is not. In pushing for universal health care controlled by the government with exemptions for religious churches and institutions only, the bishops have left everyone else to fend for themselves in trying to oppose government mandates.
They may get their exemption, but we will not.

And I use “censored” in the correct First Amendment sense (that of government interference)–in this case, it’s a twofer: 1) prohibiting the free exercise of religion and 2) abridging freedom of speech. From CNSNews.com:
…The message from the archbishop touched off a controversy both in and outside the military when the Army’s Office of the Chief of Chaplains told the service’s senior chaplains that Catholic priests serving as Army chaplains should be told not to read the archbishop’s letter from the pulpit.
The Archdiocese for the Military Services has described that move as a violation of the archbishop’s First Amendment rights as well as the First Amendment rights of the Catholic chaplains involved and their congregations….
Archbishop [Timothy] Broglio’s letter opposing the [HHS] regulation and describing it as a violation of the constitutional rights of Catholics was read verbatim at Masses served by Navy and Air Force chaplains around the world.
However, the Army’s Office of the Chief of Chaplains attempted to silence Catholic Army chaplains from reading it at their Masses—an effort rejected and resisted by Archbishop Broglio….
In his Jan. 28 telephone conversation with Army Secretary [John] McHugh, Archbishop Broglio was able to extract from the secretary an admission that it had been wrong for the secretary to try to silence the Catholic chaplains….
And here is the letter (from His Excellency, the Most Reverend Timothy P. Broglio, J.C.D., Archbishop for the Military Services) that the Army rejected:
Dear Brothers and Sisters in Christ:
It is imperative that I call to your attention an alarming and serious matter that negatively impacts the Church in the United States directly, and that strikes at the fundamental right to religious liberty for all citizens of any faith. The federal government, which claims to be “of, by, and for the people,” has just dealt a heavy blow to almost a quarter of those people—the Catholic population—and to the millions more who are served by the Catholic faithful. It is a blow to a freedom that you have fought to defend and for which you have seen your buddies fall in battle.
The U.S. Department of Health and Human Services announced last week that almost all employers, including Catholic employers, will be forced to offer their employees’ health coverage that includes sterilization, abortion-inducing drugs, and contraception. Almost all health insurers will be forced to include those immoral “services” in the health policies they write. And almost all individuals will be forced to buy that coverage as a part of their policies.
In so ruling, the Administration has cast aside the First Amendment to the Constitution of the United States, denying to Catholics our Nation’s first and most fundamental freedom, that of religious liberty. And as a result, unless the rule is overturned, we Catholics will be compelled to choose between violating our consciences or dropping health coverage for our employees (and suffering the penalties for doing so). The Administration’s sole concession was to give our institutions one year to comply.
We cannot—we will not—comply with this unjust law. People of faith cannot be made second-class citizens. We are already joined by our brothers and sisters of all faiths and many others of good will in this important effort to regain our religious freedom. Our parents and grandparents did not come to these shores to help build America’s cities and towns, its infrastructure and institutions, its enterprise and culture, only to have their posterity stripped of their God given rights. In generations past, the Church has always been able to count on the faithful to stand up and protect her sacred rights and duties. I hope and trust she can count on this generation of Catholics to do the same. Your children and grandchildren deserve nothing less.
Therefore, I ask two things of you. First, as a community of faith we must commit ourselves to prayer and fasting that wisdom and justice may prevail, and religious liberty may be restored. Without God, we can do nothing; with God, nothing is impossible. Second, I would also recommend visiting www.usccb.org/conscience, to learn more about this severe assault on religious liberty, and how to contact Congress in support of legislation that would reverse the Administration’s decision.
Grateful even now for your support, I remain
Sincerely in Christ,
(Most Reverend) Timothy P. Broglio
Archbishop for the Military Services
Belmont Abbey continues its fight against the HHS and its mandates:
A presentation on Religious Liberties in America
and the recent Health and Human Services MandateIn response to the January 20, 2012 U.S. Department of Health and Human Services mandate that forces virtually all private health care plans to cover sterilization, abortifacients and contraception despite religious objections, the Defense of the Faith Committee of the Order of Malta is offering a free public presentation from 1:00 p.m. to 4:30 p.m. on February 11 in The Haid on the campus of Belmont Abbey College. The presentation will be followed by Mass at Belmont Abbey.
To register for the presentation, please click on the “Sign Me Up” button below.
If you have any questions, please contact Mary Worthington at 704-461-6574 or at maryworthington@bac.edu.
Date: Saturday, February 11, 2012
Time: 1:00 PM – 4:30 PM
Address:
The Haid
100 Belmont-Mt. Holly Road
Belmont, NC 28012

There are lots of euphemisms one can use: “mistaken,” “misspoke,” “inaccurate,” “fabricate,” “misrepresent,” “mislead,” etc., but the bottom line is very clear:
To lie (verb):
And that is exactly (and quite rightly) what the USCCB is calling the Department of Health and Human Services (HHS) on with the HHS’s inaccurate and false “fact sheet” on the new mandated regulations on contraception:
The Obama administration, to justify its widely criticized mandate for contraception and sterilization coverage in private health plans, has posted a set of false and misleading claims on the White House blog (“Health Reform, Preventive Services, and Religious Institutions,” February 1). In what follows, each White House claim is quoted with a response.
Claim: “Churches are exempt from the new rules: Churches and other houses of worship will be exempt from the requirement to offer insurance that covers contraception.”
Response: This is not entirely true. To be eligible, even churches and houses of worship must show the government that they hire and serve primarily people of their own faith and have the inculcation of religious values as their purpose. Some churches may have service to the broader community as a major focus, for example, by providing direct service to the poor regardless of faith. Such churches would be denied an exemption precisely because their service to the common good is so great. More importantly,the vast array of other religious organizations – schools, hospitals, universities, charitable institutions – will clearly not be exempt.
Claim: “No individual health care provider will be forced to prescribe contraception: The President and this Administration have previously and continue to express strong support for existing conscience protections. For example, no Catholic doctor is forced to write a prescription for contraception.”
Response: It is true that these rules directly apply to employers and insurers, not providers, but this is beside the point: The Administration is forcing individuals and institutions, including religious employers, to sponsor and subsidize what they consider immoral. Less directly, the classification of these drugs and procedures as basic “preventive services” will increase pressures on doctors, nurses and pharmacists to provide them in order to participate in private health plans – and no current federal conscience law prevents that from happening. Finally, because the mandate includes abortifacient drugs, it violates one of the “existing conscience protections” (the Weldon amendment) for which the Administration expresses “strong support.”
Claim: “No individual will be forced to buy or use contraception: This rule only applies to what insurance companies cover. Under this policy, women who want contraception will have access to it through their insurance without paying a co-pay or deductible. But no one will be forced to buy or use contraception.”
Response: The statement that no one will be forced to buy it is false. Women who want contraception will be able to obtain it without co-pay or deductible precisely because women who do not want contraception will be forced to help pay for it through their premiums. This mandate passes costs from those who want the service, to those who object to it.
Claim: “Drugs that cause abortion are not covered by this policy: Drugs like RU486 are not covered by this policy, and nothing about this policy changes the President’s firm commitment to maintaining strict limitations on Federal funding for abortions. No Federal tax dollars are used for elective abortions.”
Response: False. The policy already requires coverage of Ulipristal (HRP 2000 or “Ella”), a drug that is a close analogue to RU-486 (mifepristone) and has the same effects. RU-486 itself is also being tested for possible use as an “emergency contraceptive” – and if the FDA approves it for that purpose, it will automatically be mandated as well.
Claim: “Over half of Americans already live in the 28 States that require insurance companies cover contraception: Several of these States like North Carolina, New York, and California have identical religious employer exemptions. Some States like Colorado, Georgia and Wisconsin have no exemption at all.”
Response: This misleads by ignoring important facts, and some of it is simply false. All the state mandates, even those without religious exemptions, may be avoided by self-insuring prescription drug coverage, by dropping that particular coverage altogether, or by taking refuge in a federal law that pre-empts any state mandates (ERISA). None of these havens is available under the federal mandate. It is also false to claim that North Carolina has an identical exemption. It is broader: It does not require a religious organization to serve primarily people of its own faith, or to fulfill the federal rule’s narrow tax code criterion. Moreover, the North Carolina law, unlike the federal mandate, completely excludes abortifacient drugs like Ella and RU-486 as well as “emergency contraceptives” like Preven.
Claim: “Contraception is used by most women: According to a study by the Guttmacher Institute, most women, including 98 percent of Catholic women, have used contraception.”
Response: This is irrelevant, and it is presented in a misleading way. If a survey found that 98% of people had lied, cheated on their taxes, or had sex outside of marriage, would the government claim it can force everyone to do so?…
Claim: “Contraception coverage reduces costs: While the monthly cost of contraception for women ranges from $30 to $50, insurers and experts agree that savings more than offset the cost. The National Business Group on Health estimated that it would cost employers 15 to 17 percent more not to provide contraceptive coverage than to provide such coverage, after accounting for both the direct medical costs of potentially unintended and unhealthy pregnancy and indirect costs such as employee absence and reduced productivity.”
Response: The government is violating our religious freedom to save money? If the claim is true it is hard to say there is a need for a mandate: Secular insurers and employers who don’t object will want to purchase the coverage to save money, and those who object can leave it alone….
Claim: “The Obama Administration is committed to both respecting religious beliefs and increasing access to important preventive services. And as we move forward, our strong partnerships with religious organizations will continue.”
Response: False. There is no “balance” in the final HHS rule—one side has prevailed entirely, as the mandate and exemption remain entirely unchanged from August 2011, despite many thousands of comments filed since then indicating intense opposition. Indeed, the White House Press Secretary declared on January 31, “I don’t believe there are any constitutional rights issues here,” so little was placed on that side of the scale. The Administration’s stance on religious liberty has also been shown in other ways. Recently it argued before the Supreme Court that religious organizations have no greater right under the First Amendment to hire or fire their own ministers than secular organizations have over their leaders– a claim that was unanimously rejected by the Supreme Court as “extreme” and “untenable.” The Administration recently denied a human trafficking grant to a Catholic service provider with high objective scores, and gave part of that grant instead to a provider with not just lower, but failing, objective scores, all because the Catholic provider refused in conscience to compromise the same moral and religious beliefs at issue here. Such action violates not only federal conscience laws, but President Obama’s executive order assuring “faith-based” organizations that they will be able to serve the public in federal programs without compromising their faith.

The Assembly of Canonical Orthodox Bishops of North and Central America, which is comprised of the 65 canonical Orthodox bishops in the United States, Canada and Mexico, join their voices with the United States Conference of Catholic Bishops and all those who adamantly protest the recent decision by the United States Department of Health and Human Services, and call upon all the Orthodox Christian faithful to contact their elected representatives today to voice their concern in the face of this threat to the sanctity of the Church’s conscience.
In this ruling by HHS, religious hospitals, educational institutions, and other organizations will be required to pay for the full cost of contraceptives (including some abortion-inducing drugs) and sterilizations for their employees, regardless of the religious convictions of the employers.
The First Amendment of the U.S. Constitution guarantees the free exercise of religion. This freedom is transgressed when a religious institution is required to pay for “contraceptive services” including abortion-inducing drugs and sterilization services that directly violate their religious convictions. Providing such services should not be regarded as mandated medical care….
Opposition to the mandated HHS regulations requiring employers to pay for contraceptives and abortifacients is not just a Roman Catholic thing. Unfortunately, I think the writers of this letter miss the bigger point: why is it the responsibility of the American taxpayer to provide contraceptives at no cost to the recipient?
Pregnancy is not a disease, drugs are not necessary to “prevent” it, so why is the government requiring it? This is the problem with government control of health care: they will stipulate everything about it, deliver inefficient service, cost much more money, and mandate people purchase services they are morally opposed to.
But, hey, this is a start:
We write to you specifically as organizations and leaders that are not part of the Catholic community. We write not in opposition to Catholic leaders and organizations; rather, we write in solidarity, but separately—to stress that religious organizations and leaders of other faiths are also deeply troubled by and opposed to the mandate and the narrow exemption.
Most press reports on the controversy concerning the contraceptives mandate portray the opposition as coming only from the Catholic Church and Catholic organizations. But this is wrong. It is emphatically not only Catholics who deeply object to the requirement that health plans they purchase must provide coverage of contraceptives that include some that are abortifacients. It is not only Catholics who object to the narrow exemption that protects only seminaries and a few churches, but not churches with a social outreach and other faith-based organizations that serve the poor and needy broadly providing help that goes beyond worship and prayer.
The faith-based organizations and religious traditions represented by the undersigned leaders do not all share the same convictions about the moral acceptability of the mandated services. But we are all deeply concerned about the narrow exemption, including proposals made to expand it while still leaving unprotected many faith-based organizations. Many of us previously signed a letter, dated August 26, 2011, to Joshua DuBois, head of the White House Office of Faith-Based and Neighborhood Partnerships, asking his help in persuading your administration, if it maintains the contraceptives mandate, to replace the current “inaccurately narrow and practically
inadequate definition of ‘religious employer’.” An organization does not cease to be a religious organization just because it serves the poor and needy in material ways and does not confine its help to prayer and religious teaching.We reiterate our opposition to the narrow exemption….
Mr. President, religious organizations beyond the Catholic community have deep moral objections to a requirement that their health insurance plans must cover abortifacients. Religious organizations beyond the Catholic community object to the current narrow exemption which puts them outside the definition of “religious employers.” And religious organizations beyond the Catholic community object to any revision of the exemption that would limit it to churches and denominationally affiliated organizations.
We believe that the Federal government is obligated by the First Amendment to accommodate the religious convictions of faith-based organizations of all kinds, Catholic and non-Catholic….
Check it out, and here’s a question: if you are a Catholic layperson and have a business, will you be required under these HHS regulations to offer insurance coverage to your employees that mandates contraception, including abortifacients? Just because one is not in a religious organization doesn’t mean one relinquishes all of one’s First Amendment rights.
Will employers who morally disagree with this mandate only have the choice of not offering health coverage? Is this part of the goal here–to have more and more people turning to the government for insurance because more and more employers, for religious and/or moral reasons, cannot comply with the HHS mandates?
Makes you wonder.
With the debate about freedom of religion and mandated HHS regulations on birth control coverage, we shouldn’t overlook other significant issues with this set of regulations:
From the Wall Street Journal:
…The new rule, released nearly two weeks ago, will make nearly all health plans cover women’s preventive services, including FDA-approved forms of contraception, without co-pays or deductibles. Catholic hospitals, schools and charities had hoped to get an exemption on the grounds that the Catholic Church opposes the use of most forms of birth control. The rule, however, allows only a few religious employers — mostly places of worship – to opt out of the requirement and says that other faith-based employers have until August 2013 to comply.
A senior administration official, speaking on condition of anonymity, told reporters Thursday that there were no plans to reconsider the decision and repeated statements made by Health and Human Services Secretary Kathleen Sebelius that the rule struck “the appropriate balance between respecting religious freedom and increasing access to important preventive services.”
The call came only a few minutes after House Speaker John Boehner also weighed in on the controversy, saying that he believed the administration should think again.
As The Wall Street Journal has reported, the rule has been criticized by Catholic leaders and Republican presidential candidates, who have said it suggests the Obama administration is trying to undermine religious liberty. (Read more about that here and here.)…