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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‘It’s a miracle’: Newborn girl survives two days after being abandoned in a field

Thaddeus Baklinski Thaddeus Baklinski Follow Thaddeus
By Thaddeus Baklinski

The survival of a baby who was abandoned by her mother and left in a field for two days has been described as "a miracle" by the doctor attending the newborn girl.

"She had been left alone naked, and weighed less than a kilogram, in part because she was so severely dehydrated," said Doctor Barbara Chomik at the hospital in the northern Polish city of Elblag, according to a report from Central European News.

"It is a miracle that she survived under those conditions for so long. It is simply a miracle," Dr. Chomik said.

The report said that the child's mother, Jolanta Czarnecka, 30, of Ilawa in northeastern Poland, had concealed her pregnancy from friends and fellow workers, and had given birth in a field during a lunch break, then returned to work.

When blood was noticed on her clothing, the woman at first claimed she had accidentally given birth in the toilet and the baby had gone down the drain.

However, when investigation found no evidence supporting her claims, Czarnecka admitted to having given birth to the child in a nearby field and leaving her there.

When searchers found the child, two days after her birth, the little girl was dehydrated and covered with insects.

Czarnecka is facing charges of attempted murder for allegedly abandoning her child.

Czarnecka, who has entered a not guilty plea to the charges against her, could be sentenced to five years in prison if she is convicted.


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Because nothing says love quite like a whip and restraints, right? Shutterstock
Jonathon van Maren Jonathon van Maren Follow Jonathon

To the Christians who think 50 Shades is all sorts of awesome: Please, stop and THINK

Jonathon van Maren Jonathon van Maren Follow Jonathon
By Jonathon van Maren

It’s pretty depressing when you realize that, in 2014, many people seem to think that destruction of human dignity is a small price to pay for an orgasm.

I suppose when I write a column about a book that just sold its 100 millionth copy I shouldn’t be surprised when I get a bit of a kickback. But I have to say—I wasn’t expecting hundreds of commenters, many saying they were Christian, to come out loudly defending the porn novel 50 Shades of Grey, often tastelessly interspersed with details from their own sex lives.

People squawked that we “shouldn’t judge” those who practice bondage, domination, sadism and masochism (BDSM), and informed me that “no one gets hurt” and that it “isn’t abuse” and said that it was “just fantasy” (as if we have a separate brain and body for fantasy).

Meanwhile, not a single commenter addressed one of the main arguments I laid out—that with boys watching violent porn and girls being socialized to accept violence and torture inside of a sexual relationship, we have created a toxic situation in which people very much are being hurt.

In response to the defenders of this trash, let me make just a few points.

  1. Not all consent is equal.

People keep trumpeting this stupid idea that just because someone consents to something or allows something to happen, it isn’t abusive.

But if someone consents to being beaten up, punched, slapped, whipped, called disgusting and degrading names, and have other things done to them that I will choose not to describe here, does that make it any less abusive? It makes it legal (perhaps, but it certainly doesn’t make it any less disgusting or violent.

Would you want your daughter to be in a relationship with Christian Grey? Would you want your son to turn into Christian Grey? If the answer is yes to either of those, someone should call social services.

Anyone who works with victims of domestic and sexual assault will tell you that just because someone permits something to happen or doesn’t extricate themselves from a situation doesn’t mean it isn’t, in fact, abuse. Only when it comes to sex are people starting to make this argument, so that they can cling to their fetishes and justify their turn-ons. Those women who defend the book because they think it spiced up their sex life are being incredibly selfish and negligent, refusing to think about how this book could affect other women in different situations, as well as young and impressionable girls.

In the words of renowned porn researcher and sociologist Dr. Gail Dines:

In his book on batterers, Lundy Bancroft provides a list of potentially dangerous signs to watch out for from boyfriends. Needless to say, Christian [Grey of 50 Shades of Grey] is the poster boy of the list, not only with his jealous, controlling, stalking, sexually sadistic behavior, but his hypersensitivity to what he perceives as any slight against him, his whirlwind romancing of a younger, less powerful woman, and his Jekyll-and-Hyde mood swings. Any one of these is potentially dangerous, but a man who exhibits them all is lethal.

The most likely real-world ending of Fifty Shades of Grey is fifty shades of black and blue. The awful truth in the real world is that women who partner with a Christian Grey often end up hightailing it to a battered women's shelter with traumatized kids in tow. The less fortunate end up in graveyards.

  1. 50 Shades of Grey normalizes intimate partner violence…

…and sickeningly, even portrays it as romantic and erotic. Amy Bonomi, Lauren Altenburger, and Nicole Walton published an article on the impact of 50 Shades last year in the Journal of Women’s Health. Their conclusions are intuitive and horrifying:

While intimate partner violence (IPV) affects 25% of women and impairs health, current societal conditions—including the normalization of abuse in popular culture such as novels, film, and music—create the context to support such violence.

Emotional abuse is present in nearly every interaction, including: stalking (Christian deliberately follows Anastasia and appears in unusual places, uses a phone and computer to track Anastasia’s whereabouts, and delivers expensive gifts); intimidation (Christian uses intimidating verbal and nonverbal behaviors, such as routinely commanding Anastasia to eat and threatening to punish her); and isolation (Christian limits Anastasia’s social contact). Sexual violence is pervasive—including using alcohol to compromise Anastasia’s consent, as well as intimidation (Christian initiates sexual encounters when genuinely angry, dismisses Anastasia’s requests for boundaries, and threatens her). Anastasia experiences reactions typical of abused women, including: constant perceived threat (“my stomach churns from his threats”); altered identity (describes herself as a “pale, haunted ghost”); and stressful managing (engages in behaviors to “keep the peace,” such as withholding information about her social whereabouts to avoid Christian’s anger). Anastasia becomes disempowered and entrapped in the relationship as her behaviors become mechanized in response to Christian’s abuse.

Our analysis identified patterns in Fifty Shades that reflect pervasive intimate partner violence—one of the biggest problems of our time. Further, our analysis adds to a growing body of literature noting dangerous violence standards being perpetuated in popular culture.

  1. Really? Sadism?

I notice that commenters rarely break down what the acronym “BDSM” actually stands for: bondage, domination, sadism, and masochism. If they did, they could no longer make the repulsive claim that “love” or “intimacy” have anything to do with it.

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The definition of sadism is “enjoyment that someone gets from being violent or cruel or from causing pain, especially sexual enjoyment from hurting or punishing someone…a sexual perversion in which gratification is obtained by the infliction of physical or mental pain on others.”

As one of my colleagues noted, we used to send sadists to a therapist or to prison, not to the bedroom. And 100 million copies of this porn novel have been unleashed on our society informing people that getting off on hurting someone is romantic and erotic. It is a brutal irony that people who scream about water-boarding terrorists are watching and experimenting with sexual practices far more brutal. As one porn researcher noted, some online BDSM porn promotes practices and behaviors that would be considered unlawful under the Geneva Convention if they were taking place in a wartime context.

It seems the Sexual Revolutionaries have gone from promoting “safe sex” to “safe words”—just in case the pain gets too rough. And none of them seem to be volunteering information on just how a woman is supposed to employ a safe word with a gag or bondage headgear on.

But who cares, right? Just one more casualty on our culture’s new Sexual Frontier.

  1. “It’s just fiction and fantasy and has no effect on the real world!”

That’s total garbage and they know it. I’ve met multiple girls who were abused like this inside of relationships. Hotels are offering “50 Shades of Grey” packages replete with the helicopter and private suites for the proceedings. According to the New York Post, sales of rope exploded tenfold after the release of the book. Babeland reported that visits to the bondage section of their website spiked 81%, with an almost 30% increase in the sale of things like riding crops and handcuffs.

I could go on, but I won’t. As Babeland co-founder Claire Cavanah noted, “It’s like a juggernaut. You’d be surprised to see how very ordinary these people are who are coming in. The book is just an explosion of permission for them to try something new in the bedroom.”

  1. What does this book and the BDSM movement say about the value of women and girls?

I’d like the defenders of this book to try stop thinking with their nether-regions for just a moment and ask themselves a few simple questions: What does sadism and sexual torture (consensual or not) say to our culture about the value of girls? What does it say to boys about how they should treat girls? The youth of today are inundated with porn and sexually violent material—is nobody—nobody—at all worried about the impact this has on them? On the girls who are being abused by boys who think this is normal behavior—and think it is normal themselves?

Dr. Gail Dines relates that when speaking to groups of women who loved the book, they all grow deathly silent when she asks them two simple questions: Would you want your daughter to be in a relationship with Christian Grey? Would you want your son to turn into Christian Grey?

If the answer is yes to either of those, someone should call social services.

__

This book and the sadism it promotes are an assault on human dignity, and most of all an assault on the worth and value of girls and women. Please consider the impact you will have on your daughters and the vulnerable and confused people around you when you read and promote this book. Anastasia Steele is, thankfully, a fictional character. But real girls are facing these expectations and demands from a culture that elevates a sexual sadist to the level of a romantic hero. Ask yourselves if you want their “love” and “intimacy” to include sadism and domination, or real respect.

Because you can’t have both.

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Ryan T. Anderson

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New York Times reporter: ‘Anti-LGBT’ people ‘deserve’ incivility

Ryan T. Anderson
By Ryan Anderson

As I recounted Monday at The Daily Signal, The New York Times reporter Josh Barro thinks some people are “unworthy of respect.” Yesterday Barro doubled-down and tweeted back at me that “some people are deserving of incivility.” He argued that I am such a person because of my views about marriage policy. You can see the entire exchange on my twitter page.

What Josh Barro says or does doesn’t really affect me. I’m not a victim, and I’ll keep doing what I do. But incivility, accepted and entrenched, is toxic to a political community. Indeed, civility is essential for political life in a pluralistic society.

It also has deep roots.

The Hebrew Bible tells us that all people are made in the image and likeness of God and have a profound and inherent dignity. Sound philosophy comes to a similar conclusion: as rational beings capable of freedom and love, all human beings have intrinsic and inestimable worth. And so we should always treat people with respect and dignity—we should honor their basic humanity. We should always engage with civility—even when we sharply disagree with them. Faith and reason, the natural law and the divine law, both point to the same conclusion.

Just as I think the best of theology and philosophy point to the conclusion that we should always treat people with respect, so I think they show that marriage is the union of a man and a woman—and that redefining marriage will undermine the political common good.

The work that I’ve done for the past few years for The Heritage Foundation has been at the service of explaining why I think this to be the case. Bookish by nature, I thought the best contribution I could make to public life was to help us think about marriage. So while my early work after college was in philosophy and bioethics, and my graduate coursework was in the history of political philosophy, I put my dissertation about economic and social justice on hold so I could devote myself to this debate at this crucial time.

Along with my co-authors, a classmate of mine from Princeton and a professor of ours there, we set out to write a book making what we considered the best philosophical argument for what marriage is and why it matters. Our book seemed to help the Supreme Court think about the issue, as Justice Samuel Alito cited it twice. The reason I’ve written various and sundry policy papers for Heritage, and traveled across the country speaking on college campuses, and appeared on numerous news shows (including, of course, Piers Morgan) is that I know the only way forward in our national debate about marriage is to make the arguments in as reasonable and civil a spirit as possible.

Some people, like Barro, want to do everything they can to shut down this discussion. They want to demonize those who hold contrary viewpoints. They want to equate us with racists and claim we are unworthy of respect and ought to be treated with incivility. This is how bullies behave. In all of recorded history, ours is the first time where we can have open and honest conversations about same-sex attraction and marriage. This discussion is just beginning. It is nowhere near being over.

All our fellow citizens, including those identifying as LGBT, should enjoy the full panoply of civil rights—the free exercise of religion, freedoms of speech and press, the right to own property and enter into contracts, the right to vote and have a fair trial, and every other freedom to live as they choose, consistent with the common good.

Government redefinition of marriage, however, is not a civil right—nor will redefining marriage serve the common good. Indeed, redefining marriage will have negative consequences.

We make our arguments, in many fora, as transparently as possible. We welcome counterarguments. And we strive to treat all people with the dignity and respect they deserve as we carry on this conversation.

One of the most unfortunate parts of my exchange with Barro last night was his reaction toward those who identify as LGBT and aspire to lives of chastity. They freely choose to live by their conviction that sex is reserved for the marital bond of a husband and wife. Some of them also seek professional help in dealing with and perhaps even diminishing (not repressing) their same-sex sexual desires.

I have written in their defense and against government coercion that would prevent them from receiving the help they desire, as New Jersey and California have done. Barro describes my support for their freedom as “sowing misery…doing a bad thing to people…making the world worse.”

There really is anti-LGBT bigotry in the world. But Barro does a disservice to his cause when he lumps in reasonable debates about marriage policy and the pastoral care that some same-sex attracted persons voluntarily seek out as, in his words, “anti-LGBT.” If we can’t draw a line between real bigotry and reasonable disagreement, we’re not helping anyone.

This debate isn’t about restricting anyone’s personal freedom. However it goes, people will remain free to live their romantic lives as they choose. So too people who experience same-sex attraction but aspire to chastity should be free to lead their lives in line with their beliefs, and to seek out the help they desire. We can have a civil conversation about which course of action is best—but let’s leave aside the extremism.

Barro asks, “Why shouldn’t I call you names?” My answer is simple: you should not practice the disdain and contempt you claim to abhor.

All my life, I’ve been educated at left-leaning institutions. Most of my friends disagree with me about these issues. But they’re still friends. And their feedback has made me a better person.

My final tweet to Barro is where I still remain committed: “people on all sides of LGBT debates and marriage debates need to find a way to discuss these issues without demonizing anyone.”

Reprinted with permission from the Daily Signal, where you can find Ryan Anderson's Twitter exchange with Barro.


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