Kathleen Gilbert

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Catholic Health Ass’n, Notre Dame pushing dangerous compromise on birth control mandate: watchdog

Kathleen Gilbert
Kathleen Gilbert

WASHINGTON, December 21, 2011 (LifeSiteNews.com) - A proposal made by the University of Notre Dame and the Catholic Health Association (CHA) to dodge the Obama administration’s birth control insurance mandate could undermine the religious liberty of many Catholic colleges and universities, says one watchdog of Catholic higher education.

Under the new law, as announced by the Obama administration this summer, virtually all private employers will be required to cover sterilization and all contraception, including abortifacient drugs. The religious exemption currently applies only to organizations that mainly hire and cater to individuals within their own sects, which would exclude most religious colleges, schools, hospitals, charities and other organizations.

In public letters to the Obama Administration, both the Catholic Health Association (CHA) and Fr. John Jenkins of the University of Notre Dame have pointed to Section 414(e) of the IRS Code, which exempts church-related pension plans from the federal Employee Retirement Income Security Act (ERISA).  They recommend the language in 414(e) as an improvement over the strict and narrow religious exemption published by HHS.

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But in a letter to federal health officials Dec 20, the Cardinal Newman Society said the proposed revision would still leave many faith-based colleges out in the cold, “just like the flawed religious exemption it is intended to replace.”

Under Section 414(e), notes CNS, exemption from federal law is available only to an organization that is “controlled by or associated with a church or a convention or association of churches,” meaning that the organization must at least share “common religious bonds and convictions with [its] church or convention or association of churches.” 

However, under federal court precedent “common religious bonds” has been interpreted to rely on three factors: that the church play an official role in the governance of the organization, that the organization receive assistance from the church, and whether a denominational requirement exists for any of the organization’s employees or customers.

This litmus test, CNS notes, is not one that most Catholic colleges and universities are likely to meet.  Some of the most orthodox Catholic colleges are entirely controlled by the laity, they point out, and few impose religious tests when hiring employees or accepting students.  The U.S. Conference of Catholic Bishops already argued against the 414(e) option in its September 17th comment to federal health officials, calling it “inadequate.”

Other Christian organizations also face problems with the 414(e) language, because it exempts only religious organizations with denominational affiliations. 

“While some of our institutions are affiliated with larger church organizational or denominational structures, many are independent religious organizations,” Dr. Paul Corts, President of the Council for Christian Colleges & Universities, told CNS. “They are religious not because they are associated with a church or denomination but rather because of their legitimate religious beliefs and practices that are openly held out to the public as such—the critical legal characteristics of a religious entity—and yet, would not be recognized as such under [414(e) language].”

The Society’s concerns were repeated in letters to Archbishop Timothy Dolan, president of the U.S. Conference of Catholic Bishops (USCCB), and Bishop William Lori, chairman of the USCCB committee on religious liberty.

In an op-ed Wednesday in The Washington Times, Cardinal Newman Society President Patrick J. Reilly writes that the practical effect of the Notre Dame and CHA proposal “would be to slam the door on most religious organizations while providing political cover to the Obama Administration.”  But he also recalls that neither the University of Notre Dame nor CHA “is a stranger to controversy when it comes to President Barack Obama and his support for abortion rights.”

Notre Dame president Rev. John Jenkins honored Obama with an honorary law degree at the school’s commencement ceremony in 2009, drawing condemnations from 80 active U.S. bishops and over 300,000 petitioning U.S. Catholics.

Months later, CHA president Sr. Carol Keehan emerged as a key supporter of Obama’s health care overhaul, earning accolades from the administration for flouting the USCCB’s direct opposition to the abortion-expanding law.


The full Cardinal Newman Society letter to Secretary Sebelius is below.

 


December 20, 2011

The Honorable Kathleen Sebelius
Secretary of Health and Human Services
United States Department of Health and Human Services
200 Independence Avenue, SW, Room 120F
Washington, DC 20201

Dear Secretary Sebelius:

We are writing with concern about the dangerous implications of a proposal that has been presented to you by the University of Notre Dame and the Catholic Health Association, which could violate the religious liberty of the faithful Catholic colleges and universities that The Cardinal Newman Society promotes to Catholic families.

As you know, many religious organizations have sought the repeal of the Interim Final Rule on Preventive Services published in the Federal Register on August 3, 2011 (76 Fed. Reg. 46621), which mandates health insurance coverage for sterilization and contraceptives, including some that cause abortions.  At the least, religious organizations and individuals seek conscience protection to be exempted from this mandate.

The Cardinal Newman Society, which works to help renew and strengthen the Catholic identity of Catholic colleges and universities, is especially concerned about the impact of this mandate on Catholic higher education.  As we noted in our September 29th comment to your department, joined by 18 Catholic colleges and universities and the chairman of the U.S. bishops’ committee on Catholic education: “No federal rule has defined being “religious” as narrowly and discriminatorily as the Mandate appears to do, and no regulation has ever so directly proposed to violate plain statutory and constitutional religious freedoms.”  Of great concern is the impact on Catholic college health plans for students, which are not currently exempt from the regulation.

The religious exemption in the regulations is inadequate, but so is the replacement proposed by the University of Notre Dame and the Catholic Health Association in their own comments to your department.  They propose language similar to Internal Revenue Service Code Section 414(e), which describes organizations exempt from provisions of the Employee Retirement Income Security Act.  Embracing 414(e)-like language would mean leaving many Catholic colleges unprotected, just like the flawed religious exemption it is intended to replace.

A religious exemption similar to 414(e) would only marginally expand the current HHS exemption and would undermine religious liberty.  Under the 414(e) rule, exemption is available only to an organization that is “controlled by or associated with a church or a convention or association of churches,” meaning that the organization must at least share “common religious bonds and convictions with [its] church or convention or association of churches.”  In 2001 the U.S. Court of Appeals for the Fourth Circuit said that three factors bear primary consideration when deciding whether an organization shares “common religious bonds and convictions” with a church:

1) whether the religious institution plays any official role in the governance of the organization; 2) whether the organization receives assistance from the religious institution; and 3) whether a denominational requirement exists for any employee or patient/customer of the organization.

The Fourth Circuit set a precedent that has been followed by other federal courts, and it is not a test that most Catholic colleges and universities are likely to meet.  Many are unaffiliated with a religious order; indeed, some of the most faithfully Catholic colleges are entirely lay-controlled.  Few impose religious tests when hiring employees or accepting students.  It is even an open question as to whether Notre Dame would meet the criteria for a 414(e) exemption, which the university has never sought, according to Notre Dame spokesman Dennis Brown.

The U.S. Conference of Catholic Bishops argued against the 414(e) option in its September 17th comment to your department: “…[S]uch an exemption would be inadequate, because it would fail to protect many stakeholders with a moral or religious objection to contraceptives or sterilization, including individuals, insurers, and even many religiously affiliated organizations.”

While our mission relates to Catholic education, we also support the concerns of religious organizations that are inter-denominational or non-denominational.  As explained by Dr. Paul Corts, President of the Council for Christian Colleges & Universities, in a note to The Cardinal Newman Society yesterday: “While some of our institutions… are religious not because they are associated with a church or denomination but rather because of their legitimate religious beliefs and practices that are openly held out to the public as such—the critical legal characteristics of a religious entity—and yet, would not be recognized as such under an exemption requiring conformity with the requirements of IRS Code Section 414(e).”

Secretary Sebelius, the fact is that the 414(e) language would fail to protect the religious liberty of too many religious organizations that object to sterilization, contraception or abortion, including many faithful Catholic colleges and universities.  This is unacceptable.

We continue to urge you to repeal the mandate altogether, or at minimum to protect the consciences of all individuals and organizations that oppose sterilization, contraception or abortion because of their religious beliefs.

Sincerely,



Patrick J. Reilly
President

cc: Joshua DuBois, Executive Director, Office of Faith-Based and Neighborhood Enterprises

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Sandra Cano, ‘Mary Doe’ of Doe v. Bolton, RIP

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By Ben Johnson
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Sandra Cano, the woman whose divorce custody case morphed into a Supreme Court decision extending the “constitutional right” to an abortion throughout all nine months of pregnacy, has passed away of natural causes.

Cano was “Mary Doe” of Doe v. Bolton, the other case settled by the High Court on January 22, 1973. In 1970, at 22, Cano saw an attorney to divorce her husband – who had a troubled legal history – and regain custody of her children. The Georgia resident was nine weeks pregnant with her fourth child at the time.

Cano said once the attorney from Legal Aid, Margie Pitts Hames, deceptively twisted her desire to stay with her children into a legal crusade that has resulted in 56 million children being aborted.

“I was a trusting person and did not read the papers put in front of me by my lawyer,” Cano said in a sworn affidavit in 2003. “I did not even suspect that the papers related to abortion until one afternoon when my mother and my lawyer told me that my suitcase was packed to go to a hospital, and that they had scheduled an abortion for the next day.”

Cano was so disgusted by the prospect that she fled the state.

Yet the legal case went on, winding up before the Supreme Court the same day as Roe v. Wade. The same 7-2 majority agreed to Roe, which struck down state regulations on abortions before viability, and Doe, which allowed abortions until the moment of birth on the grounds of maternal “health” – a definition so broad that any abortion could be justified.

All the justices except Byron White and future Chief Justice William Rehnquist agreed that “physical, emotional, psychological, familial, and the woman's age” are all “factors [that] may relate to [maternal] health.”

“I was nothing but a symbol in Doe v. Bolton with my experience and circumstances discounted and misrepresented,” Cano said in 2003.

Two years later, she told a Senate subcommittee, “Using my name and life, Doe v. Bolton falsely created the health exception that led to abortion on demand and partial birth abortion... I only sought legal assistance to get a divorce from my husband and to get my children from foster care. I was very vulnerable: poor and pregnant with my fourth child, but abortion never crossed my mind.”

On the 30th anniversary of the case, she asked the Supreme Court justices to revisit the ruling that bears her pseudonym, but they denied her request. “I felt responsible for the experiences to which the mothers and babies were being subjected. In a way, I felt that I was involved in the abortions – that I was somehow responsible for the lives of the children and the horrible experiences of their mothers,” she explained.

By that time, both Cano and Norma McCorvey, Jane Roe of Roe v. Wade, opposed abortion and implored the Supreme Court to overturn the rulings made in their names. Both also said their pro-abortion attorneys had misrepresented or lied about their circumstances to make abortion-on-demand more sympathetic.

"I pledge that as long as I have breath, I will strive to see abortion ended in America,” Cano said in 1997.

Priests for Life announced last week that Cano was in a hospital in the Atlanta area, in critical condition with throat cancer, blood sepsis, and congestive heart failure.

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“My heart is broken that Sandra will never witness an end to abortion,” Janet Morana said. “She never wanted to have an abortion. She never had an abortion, and she certainly never wanted to be a part of the Supreme Court decision, Doe v. Bolton, that opened the gates for legal abortion at any time during pregnancy and for any reason.”

“Sandra’s work to overturn that devastating decision that was based on lies will not end with her death,” Fr. Frank Pavone said. “When life ultimately triumphs over death, Sandra will share in that victory.”

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We don’t kill problems anymore. We kill people, and pretend that it is the same thing.
Jonathon van Maren Jonathon van Maren Follow Jonathon

First we killed our unborn children. Now we’re killing our own parents.

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By Jonathon van Maren

In a culture that elevates transient pleasure as a “value,” while reducing “value” itself to a subjective and utilitarian status, I suppose it should not be surprising that the worth of human beings is now constantly in question.

We once lived in a culture that drafted laws to protect “dependents”: the very young, the very old, and the disabled. This was done in recognition of the fact that a human being’s increased vulnerability correspondingly heightens our moral responsibility to that human being.

Now, however, the exit strategists of the Sexual Revolution are burning the candle at both ends - abortion for children in the womb, euthanasia and “assisted suicide” for the old. Both children and elderly parents, you see, can be costly and time-consuming.

We don’t kill problems anymore. We kill people, and pretend that it is the same thing.

I noted some time ago that the concept of “dying with dignity” is rapidly becoming “killing with impunity,” as our culture finds all sorts of excuses to assist “inconvenient” people in leaving Planet Earth.

There is a similarity to abortion, here, too—our technologically advanced culture is no longer looking for compassionate and ethical solutions to the complex, tragic, and often heartbreaking circumstances. Instead, we offer the solution that Darkness always has: Death. Disability, dependence, difficult life circumstances: a suction aspirator, a lethal injection, a bloody set of forceps. And the “problem,” as it were, is solved.

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We don’t kill problems anymore. We kill people, and pretend that it is the same thing.

There is something chilling about the intimacy of these killings. As Gregg Cunningham noted, “Ours is the first generation that, having demanded the right to kill its children through elective abortion, is now demanding the right to kill its parents through doctor-assisted suicide.” The closest of human relationships are rupturing under the sheer weight of the selfishness and narcissism of the Me Generation.

The great poet Dylan Thomas is famous for urging his dying father to fight on, to keep breathing, to live longer:

Do not go gentle into that good night,
Old age should burn and rave at close of day;
Rage, rage against the dying of the light.

Such sentiment is not present among the advocates of euthanasia. In fact, the tagline “dying with dignity” is starting to very much sound like, “Now don’t make a fuss, off with you now.” Consider this story in The Daily Mail from a few days ago:

An elderly husband and wife have announced their plans to die in the world's first 'couple' euthanasia - despite neither of them being terminally ill.

Instead the pair fear loneliness if the other one dies first from natural causes.

Identified only by their first names, Francis, 89, and Anne, 86, they have the support of their three adult children who say they would be unable to care for either parent if they became widowed.

The children have even gone so far as to find a practitioner willing to carry out the double killings on the grounds that the couple's mental anguish constituted the unbearable suffering needed to legally justify euthanasia.

… The couple's daughter has remarked that her parents are talking about their deaths as eagerly as if they were planning a holiday.

John Paul [their son] said the double euthanasia of his parents was the 'best solution'.

'If one of them should die, who would remain would be so sad and totally dependent on us,' he said. 'It would be impossible for us to come here every day, take care of our father or our mother.'

I wonder why no one considers the fact that the reason some elderly parents may experience “mental anguish” is that they have come to the sickening realization that their grown children would rather find an executioner to dispatch them than take on the responsibility of caring for their parents. Imagine the thoughts of a mother realizing that the child she fed and rocked to sleep, played with and sang to, would rather have her killed than care for her: that their relationship really does have a price.

This is why some scenes in the HBO euthanasia documentary How To Die In Oregon are so chilling. In one scene, an elderly father explains to the interviewer why he has procured death drugs that he plans to take in case of severe health problems. “I don’t want to be a burden,” he explains while his adult daughter nods approvingly, “It’s the decent thing to do. For once in my life I’ll do something decent.”

No argument from the daughter.

If we decide in North America to embrace euthanasia and “assisted suicide,” we will not be able to unring this bell. Just as with abortion and other manifestations of the Culture of Death, the Sexual Revolutionaries work hard to use heart-rending and emotional outlier examples to drive us to, once again, legislate from the exception.

But for once, we have to start asking ourselves if we really want to further enable our medical community to kill rather than heal. We have to ask ourselves if the easy option of dispatching “burdensome” people will not impact our incentive to advance in palliative care. And we have to stop simply asking how someone in severe pain might respond to such a legal “service,” and start asking how greedy children watching “their” inheritance going towards taking proper care of their parents.

And to the pro-life movement, those fighting to hold back the forces of the Culture of Death—the words of Dylan Thomas have a message for us, too.

Do not go gentle into that good night…
Rage, rage against the dying of the light.

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Luka Magnotta http://luka-magnotta.com
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Gay porn star admits dismembering ex-lover and molesting his corpse on film

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By Thaddeus Baklinski

Montreal gay porn actor Luka Magnotta admits killing and dismembering his ex-lover and molesting his corpse on film, but pled not guilty on Monday to all five charges filed against him.

Magnotta shocked the world in June 2012 by allegedly killing and cannibalizing a 33-year-old university student from China, Jun Lin, then posting a video of his actions and the results online. He later hid some of the dismembered parts in the garbage, but also mailed parcels containing body parts to political offices in Ottawa and schools in Vancouver.

He was charged with first-degree murder, committing an indignity to a body, publishing obscene material, mailing obscene and indecent material, and criminally harassing Prime Minister Stephen Harper and other MPs.

Magnotta's lawyer Luc Leclair is basing the not guilty plea on the defendant having a history of mental illness, thus making him not criminally responsible.

Crown prosecutor Louis Bouthillier said he intends to prove that Magnotta planned the alleged murder well before it was committed.

"He admits the acts or the conducts underlying the crime for which he is charged. Your task will be to determine whether he committed the five offences with the required state of mind for each offence," Quebec Superior Court Justice Guy Cournoyer instructed the jury, according to media reports.

However, some authorities have pointed out that Magnotta’s behavior follows a newly discernible trend of an out-of-control sexual deviancy fueled by violent pornography.

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Dr. Judith Reisman, an internationally-recognized expert on pornography and sexuality, told LifeSiteNews in 2012 she believes Magnotta’s behavior “reflects years of brain imprinting by pornography.”

“His homosexual cannibalism links sex arousal with shame, hate and sadism,” said Reisman. Although cannibalism is not as common as simple rape, she added, “serial rape, murder, torture of adults and even of children is an inevitable result of our ‘new brains,’ increasingly rewired by our out-of-control sexually exploitive and sadistic mass media and the Internet.”

In their 2010 book “Online Killers,” criminology researchers Christopher Berry-Dee and Steven Morris said research has shown “there are an estimated 10,000 cannibal websites, with millions ... who sit for hours and hours in front of their computer screens, fantasizing about eating someone.” 

This underworld came to light in a shocking case in Germany in 2003, when Armin Meiwes was tried for killing his homosexual lover Bernd Jürgen Brandes, a voluntary fetish victim whom Meiwes picked up through an Internet forum ad seeking “a well-built 18- to 30-year-old to be slaughtered and then consumed.”

After the warrant was issued for his arrest, Magnotta was the target of an international manhunt for several days until he was arrested in Berlin, where police say he was found looking at online pornography alongside news articles about himself at an Internet café.

The trial is expected to continue to mid-November, with several dozen witnesses being called to testify before the jury of six men and eight women.

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