USCCB president says the Obama administration has ‘drawn an unprecedented line in the sand.’
By Nancy Frazier O’Brien
WASHINGTON (CNS)—Although Catholic leaders vowed to fight on, the Obama administration has turned down repeated requests from Catholic bishops, hospitals, schools, and charitable organizations to revise its religious exemption to the requirement that all health plans cover contraceptives and sterilization free of charge.
Instead, Kathleen Sebelius, secretary of the U.S. Department of Health and Human Services, announced Jan. 20 that nonprofit groups that do not provide contraceptive coverage because of their religious beliefs will get an additional year “to adapt to this new rule.”
“This decision was made after very careful consideration, including the important concerns some have raised about religious liberty,” Sebelius said. “I believe this proposal strikes the appropriate balance between respecting religious freedom and increasing access to important preventive services.”
But Cardinal-designate Timothy M. Dolan of New York, president of the U.S. Conference of Catholic Bishops, said the Obama administration had “drawn an unprecedented line in the sand.” The U.S. bishops, he said, “are committed to working with our fellow Americans to reform the law and change this unjust regulation. We will continue to study all the implications of this troubling decision.”
U.S. Cardinal-designate Edwin F. O’Brien, pro-grand master of the Knights of the Holy Sepulchre and apostolic administrator of the Baltimore Archdiocese, called the decision “shocking and disturbing” in a Jan. 20 statement from Rome.
Saying it would force individuals and religious organizations “to surrender their beliefs—rooted in long-held Judeo-Christian tradition and practice—for the sake of political and financial expediency,” he called on Catholics “to pray for our elected officials and to work to reform this unjust regulation.”
Sebelius announced the mandate and a narrow religious exemption to it Aug. 1, 2011. Under the plan, after Aug. 1 of this year, new or significantly altered health plans will be required to provide all FDA-approved contraceptives, including some that can cause abortions, without co-pays or deductibles.
The only exempt religious organizations would be those meeting four criteria: “1. has the inculcation of religious values as its purpose; 2. primarily employs persons who share its religious tenets; 3. primarily serves persons who share its religious tenets; and 4. is a nonprofit organization” under specific sections of the Internal Revenue Code.
Those sections “refer to churches, their integrated auxiliaries, and conventions or associations of churches, as well as to the exclusively religious activities of any religious orders,” according to a footnote to the interim final rule.
Catholic groups, including the USCCB, the Catholic Health Association, and Catholic Charities USA, called that exemption too narrow, saying it would require Catholic groups to stop all services to those who were not Catholic and would inappropriately involve the government in decisions about whether an organization is “religious enough” to be exempted.
“It is unlikely that any Catholic college or university will be exempt,” said Michael Galligan-Stierle, president of the Association of Catholic Colleges and Universities.
Holy Cross Father John I. Jenkins, president of the University of Notre Dame, described the Obama administration’s decision as “profoundly disturbing on many levels” and called for “a national dialogue among religious groups, government, and the American people to reaffirm our country’s historic respect for freedom of conscience and defense of religious liberty.”
Sebelius’ announcement brought an outcry from Catholic leaders and a sigh of relief from groups such as Planned Parenthood and NARAL Pro-Choice America, which had opposed any moves to weaken the contraceptive mandate or strengthen the religious exemption.
In a video posted on the USCCB website (at bcove.me/ob5itz9v), Cardinal-designate Dolan said the decision put the Obama administration “on the wrong side of the Constitution” and should be rescinded.
“In effect, the president is saying we have a year to figure out how to violate our consciences,” the cardinal-designate said in a separate statement. “To force American citizens to choose between violating their consciences and forgoing their health care is literally unconscionable. It is as much an attack on access to health care as on religious freedom. Historically this represents a challenge and a compromise of our religious liberty.”
Franciscan Sister Jane Marie Klein, board chair of Franciscan Alliance, a system of 13 Catholic hospitals, characterized the decision as “nothing less than a direct attack on religion and First Amendment rights.”
Father Larry Snyder, president of Catholic Charities USA, said he was “extremely disappointed” that the administration chose to ignore calls from religious institutions to broaden the exemption.
“Just as the identity of Catholic Charities is firmly rooted in the teaching of [the] Church, the identity of this nation includes a mandated respect of religious beliefs,” Father Snyder added. “It is this long-standing history that gave us hope that as a religious institution we would be granted the freedom to remain faithful to our beliefs while also being committed to providing access to quality health care for our 70,000 employees and their families across the country.”
Bishop Robert N. Lynch of St. Petersburg, Fla., who had earlier said he would be forced to stop offering health insurance to his employees if the HHS mandate remained unchanged, said, “The callous disregard for long-held personal and ecclesial beliefs augurs a chilling moment for believing and practicing Catholics in these United States.”
“I hope that no Catholic voting adult will soon forget this egregious and insensitive intrusion by our government into our rights of conscience,” he added.
Even the Washington Post, in a Jan. 22 editorial, called the decision “unproductive can-kicking that fails to address the fundamental problem of requiring religiously affiliated entities to spend their own money in a way that contradicts the tenets of their faith.”
“Requiring a religiously affiliated employer to spend its own money in a way that violates its religious principles does not make an adequate accommodation for those deeply held views,” the editorial added. “Having recognized the principle of a religious exemption, the administration should have expanded it.”
Copyright 2012 Catholic News Service/U.S. Conference of Catholic Bishops
