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New HHS accommodation only ‘pretends to protect’ a select few, solves nothing: AUL legal assessment

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WASHINGTON, D.C., February 1, 2013, (LifeSiteNews.com) -- The Obama administration's new HHS birth control mandate regulations released today, and spun as a concession to religious freedom, barely change existing policy and may even have made things worse, according to an analysis released by Americans United for Life on Friday. The pro-life legal group notes that, in addition to failing to resolve the conscience concerns of religious employers, under the rules no business or individual opt out exists, although people do not cease to hold deeply compelling religious beliefs once they enter the workforce or marketplace. 

The hefty brief is the latest in a string of commentary rejecting the proposed accommodations which -- like a similar announcement last year -- were announced on a Friday morning and immediately supported by Planned Parenthood and NARAL.

The full AUL legal analysis is below:  

The Obama Administration has not substantively altered its assault on the First Amendment’s Freedom of Conscience.  Today’s notice of proposed rulemaking (NPRM) reiterates the Administration’s commitment to what is often referred to as the “HHS mandate”– its coercive policy of forcing coverage for life-ending drugs and devices.

In some significant ways, the Obama Administration’s NRPM is even narrower than the protections it had previously entertained as a possibility in its March 2012 Advance Notice of Proposed Rulemaking (ANPRM).

In the ANPRM, for example, the Obama Administration asked for input on whether for-profit employers with religious objections should be accommodated.  Today, they announced that for-profits with religious or moral objections—such as the Bible publisher Tyndale and family run businesses like Hobby Lobby—will absolutely not be afforded any conscientious protection.

The NRPM acknowledges that under the regulation issued by HHS in February 2012, if a church (that otherwise would have been exempted from the mandate) maintained a soup kitchen, or ran a parochial school, it could have been disqualified from the conscience protection because it served or hired persons regardless of their faith.  The NPRM states that this disqualification “was never [HHS’s] intention.” That, of course, is undermined by the fact that requiring organizations to be insular, and primarily serve and primarily hire persons of their own faith, were explicit requirements chosen by HHS.

While it is small step forward to drop the insularity requirements, the Obama Administration’s exemption still only applies to a very narrow category, and does not extend the guarantees of religious liberty and freedom of conscience to all Americans.

In fact, today’s announcement states that the Obama Administration will not, as it had previously considered, exempt or even “accommodate” an entire single group health plan of a church or religious organization, if each affiliated employer on the single group health plan does not independently meet the narrow requirements of the Obama Administration’s definitions.

The NPRM’s  proposed “accommodation” for only certain religious non-profits is also grossly inadequate.

Besides failing to consider for-profit employers and non-religiously affiliated non-profits whose pro-life consciences are nonetheless violated by the HHS mandate,  the NPRM is clear that “all references to ‘accommodation’ are references to an arrangement in which contraceptive coverage is provided…including objecting religious institutions of higher education.”  Accommodation does not mean an exemption.

The NRPM’s description of the “accommodation” as alleviating the conscience concerns of even the select few it pretends to protect requires a substantial amount of make-believe. Its argument that a “separate” contraceptive plan (that employees/students must be automatically enrolled in—there is no individual opt-out) will somehow not require the payment of either the enrollees or the “accommodated” religious non-profit, rests on the idea that it “is cost neutral because they would be insuring the same set of individuals under both policies...”  Put another way, it is only cost-neutral for the insurance company if both “separate” policies are considered.  In order to make the Obama Administration’s math for “free contraception” work, these insurance plans are not really distinct.

Importantly, the NPRM does nothing to correct the inappropriate inclusion of the abortion-inducing drug Ella in a provision of the Affordable Care Act that was intended to prevent diseases.  Forcing coverage for life-ending drugs and devices under the guise of “preventive care for women” is not achieving the goal of “public health and gender equality” announced in the NPRM.

The Obama Administration may hope that announcing its policies on a Friday afternoon will result in the American public either not noticing, or forgetting over the weekend.  However, 48 hours will not change the fact that the HHS mandate continues to violate protections in state and federal laws and the foundational American principle of Freedom of Conscience.

AUL developed an opt-out bill that has been used by eight of the 18 states that have opted-out of offering insurance plans that cover abortion in the state Exchanges required under Obamacare. AUL has also filed amicus briefs in the following on-going cases, arguing that parts of Obamacare are not Constitutional because of violations of First Amendment Conscience Rights: Belmont Abbey College v. Sebelius, Wheaton College v. Sebelius, Nebraska v. Sebelius, and O’Brien v. U.S. Department of Health and Human Services.  In addition, AUL filed a joint brief with other pro-life allies in United States Department of Health and Human Services v. Florida before the United States Supreme Court.

This analysis is reprinted with permission from Americans United for Life.

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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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