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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A protester rallies against Hobby Lobby, protesting against the Supreme Court decision Dan Holm/Shutterstock
Dustin Siggins Dustin Siggins Follow Dustin

DNC chairwoman exhorts constituents to boycott local Hobby Lobby store

Dustin Siggins Dustin Siggins Follow Dustin
By Dustin Siggins

The Supreme Court's Hobby Lobby decision was nearly two months ago, but the issue as hot as ever, as was demonstrated yesterday when Democratic National Committee chairwoman Debbie Wasserman Schulz, D-FL, urged constituents to boycott a Hobby Lobby store in her district.

In a press conference one lot away from the Hobby Lobby location in Davie, which opened in April, Wasserman-Schultz said that she wanted “people to know that this Hobby Lobby is here and they should vote with their purses and their pocketbooks, and women should not shop here."

"If you didn’t know this Hobby Lobby was here before, know it now and don’t shop here. They don’t deserve women’s business because they are the ones that all across the country have made it harder for women to get access to birth control,” she said.

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Wasserman-Schultz said that Hobby Lobby's corporate ownership "doesn’t support its employees” and “wants to be able to get in the personal business of their employees and make health care decisions and replace their own values, replace their employees’ health care decisions, with their values…."

She also criticized the Supreme Court's late June decision in favor of Hobby Lobby, which had sued the federal government over the Obama administration's HHS Mandate.

The Green family, which owns Hobby Lobby, say it violates their conscience to pay for coverage for the four abortifacients and potential abortifacients that the mandate required them to cover.

"The Supreme Court’s decision in the Hobby Lobby case was not only disappointing, it was dangerous," said the Democrat. "No boss should have the right to dictate and employee’s health decisions because [they] don’t belong in the bedrooms, doctor’s offices or pharmacies of their employees.

“A woman and her doctor know what’s best for their body. Not an insurance company. Not a politician. And certainly not a manager at a Hobby Lobby."

The Supreme Court's decision allowed closely held corporations to not fund coverage of contraception or abortion drugs and devices.

Wasserman-Schultz's office did not respond to multiple requests for comment.

Through a spokesperson, the Green family declined to comment about the Congresswoman's statements. 

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Kirsten Andersen Kirsten Andersen Follow Kirsten

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America is rejecting abortion because pro-lifers are having more children: study

Kirsten Andersen Kirsten Andersen Follow Kirsten
By Kirsten Anderson

According to a new Northwestern University study, American attitudes about abortion are trending more conservatively than other contentious social issues, a phenomenon the authors credit to the simple fact that pro-lifers have more kids.

“We find evidence that the abortion attitudes have lagged behind a liberalizing trend of other correlated attitudes,” the authors wrote. Using GSS data collected between 1977 and 2010, “We test[ed] the hypothesis that the comparatively high fertility of pro-life individuals has led to a more pro-life population.”

The authors wrote: “Support for abortion rights has turned flat after a period of increase following Roe v. Wade, and in recent years there are even indications of a reversal toward more restrictive attitudes. This U-turn is evinced particularly among younger cohorts, and is happening despite liberalizing trends in several ostensibly related issue domains.”

The authors speculated that the reason for the increase in pro-life attitudes among young people is that their parents had more children than their pro-abortion counterparts. When they examined the data, they found that pro-life individuals had, on average, 27 percent more children than those who considered themselves “pro-choice.”

Not only that, but pro-life parents appear to be much more likely to pass their views on to their children. The researchers found that the younger generation’s pro-life shift was too strong to be blamed solely on differences in fertility – meaning children of pro-abortion parents are rejecting their parents’ views.

“[E]ither pro-life beliefs are always more faithfully transmitted than pro-choice ones; or, there has been a cultural shift towards more pro-life beliefs that is being reflected in the parent-child correlations,” the authors wrote.

The study concluded that it wasn’t for the higher fertility rate among pro-life people, the nation as a whole would favor abortion by about five percentage points more than it does currently – and researchers predict the pro-life trend will continue.

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“Taken together, these findings suggest that fertility has had at least some part in leading the population in a more pro-life direction over time,” the authors wrote. “Further investigation into this pattern indicates that not only are abortion attitudes associated with fertility, but in proportional terms—which is what matters for cultural change—the gap is widening.”

“Fertility has declined for both pro-choice and pro-life groups over the past 30 years, but fertility has declined far less markedly for pro-life individuals,” they added. “Whereas pro-[life] individuals born before 1940 were only having about 1.2 children per one child born to a pro-choice parent, this ratio has grown to over 1.5 for those born in the mid to late 1970s. This pattern suggests that future cohorts may place an even stronger demographic drag on the liberalization of abortion attitudes.”

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A declaration that PP is an 'enemy of the Church' would mean that Catholics who work with, advocate for, or support Planned Parenthood, incur automatic excommunication. American Life League
Lisa Bourne

New campaign asks Pope Francis to declare Planned Parenthood an ‘enemy of the Church’

Lisa Bourne
By Lisa Bourne

The Catholic pro-life organization American Life League (ALL) is launching a campaign calling for the Catholic Church to declare Planned Parenthood an “enemy of the Church.”

Using prayer and education, ALL’s Defend the Family campaign seeks to expose the nation’s largest abortion provider for contribution to the destruction of human lives, as well as the family. 

The campaign, said Jim Sedlack, vice-president of ALL, is quite simply “a way of calling attention to the fact that this is a very bad organization.”

“Planned Parenthood is attacking the family, either by killing preborn children or by robbing the souls of the older children,” he said. 

A declaration that PP is an “enemy of the Church” would mean that Catholics who work with, advocate for, or support Planned Parenthood, incur automatic excommunication.

Such a declaration would not be unprecedented. Popes in the past have identified and condemned organizations that posed a grave threat to the Church, most recently Pope Pius XII in 1949 with Communism and Pope Clement XII in 1738 with Freemasonry.

While specifics would depend on the wording of the Papal pronouncement, Sedlak told LifeSiteNews if the Holy Father makes the declaration there would be no mistaking its intent.

“When the pope makes the declaration it becomes crystal clear,” Sedlak said. “There’ll be no shades of gray, it’ll be black and white, it’ll be clear to the world.”

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'Now is the time'

There are still people who are not fully aware of the extent of the societal damage inflicted by Planned Parenthood, said Sedlak, including members of the Church hierarchy. He said it’s important to emphasize the truth of what the abortion giant does.

“That’s why we’re focusing on the enemy,” said Sedlak. “When people really stop and focus on Planned Parenthood, they realize it’s the enemy.”

ALL cites Planned Parenthood’s targeting of children to sexualize them as a major cause of the destruction of the family and a fundamental reason for the Defend the Family campaign.

“They really push for getting young people into lives of sexual sin,” Sedlak said. “Young people who aren’t pulled into sexual activity do not provide a cent of income to Planned Parenthood, but young people who are pulled in provide millions of dollars to the Planned Parenthood empire.”

ALL compiled a comprehensive report on Planned Parenthood titled, “The Vatican can help save souls from Planned Parenthood,” as part of the Defend the Family campaign.

“The document builds the case,” said Sedlak. “Why Planned Parenthood, why now is the time.”

Sedlak told LifeSiteNews that for its part Planned Parenthood has always recognized that its greatest enemy is the Catholic Church, even working to have the Church lose its status at the UN.

“They fight anybody who wants to take sex away from the kids in any way possible,” Sedlak said. “That’s one reason why Planned Parenthood is the sex mafia.”

And when Sedlak uses the term “mafia,” he means it literally, pointing out that the Holy Father condemned the mafia in his June 21, 2014, homily in Calabria, Italy, denouncing its, “Adoration of evil and contempt for the common good.”

“Planned Parenthood kills far more people than the mafia,” Sedlak said.

Also underscoring the need for the Vatican to act on declaring Planned Parenthood an enemy of the Church, is the convening of the Extraordinary Synod on the Family this October in Rome, which will lead into the general synod in 2015.

Sedlak told LifeSiteNews that these, along with the 2015 World Meeting of Families in Philadelphia, are events that ALL will rally around to raise awareness of the Defend the Family campaign.

Preliminary response to the campaign has been very positive, he said.

Sedlak told LifeSiteNews that the “Vatican can help save souls from Planned Parenthood” report was so well received upon initial presentation to Vatican officials, that ALL was asked to translate it into three more languages.

“The support we’ve gotten from talking to bishops has been overwhelming,” Sedlak said.

Prayer is priority #1

The Defend the Family campaign consists first and foremost of prayer, Sedlak told LifeSiteNews.

“Our approach is that we need prayer support,” he said. “The only way that we’re going to succeed is through prayer to the Blessed Mother; the only way it will succeed is if God wants it to succeed.”

Participants are asked to say regular prayers after Mass, to offer prayers for the pope and to initiate communication with local bishops about the dangers that Planned Parenthood poses to the faithful.

Sedlak also added that The Defend the Family campaign is for everyone, not just Catholics.

He said pro-life supporters of all faith traditions are invited to contact ALL for assistance in encouraging their religious denomination or church leader to declare Planned Parenthood an enemy.

In addition to prayers for the campaign, ALL is asking people to sign and submit ALL’s Declaration of Encouragement to the Holy Father, enroll in the Spiritual Bouquet for the Holy Father and to share ALL resources on Planned Parenthood.

Information, links and resources are available on the campaign website, defendthefamily.org.

Sedlak told LifeSiteNews that ALL is giving the success of the Defend the Family campaign up to God.

“This is all happening in God’s time, and so far he’s been blessing us mightily,” Sedlak said. “And we’re going to go wherever God takes us.”

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