John Jalsevac

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Obama admin releases revised rules for HHS mandate: met with skepticism

John Jalsevac
John Jalsevac

Updated Feb. 1, 2013 at 1:09 PM EST

WASHINGTON, D.C., February 1, 2013, (LifeSiteNews.com) – Legal analysts are scrambling today to make sense of new regulations released by the Obama administration that purport to provide a broader opt-out for religious organizations opposed to the HHS birth control mandate.

However, conservative groups are approaching the revised rules warily, after a previous “accommodation” announced by the Obama administration was widely denounced as an accounting gimmick.

Already numerous pro-life and conservative groups have slammed the revision, saying it doesn’t go far enough, and that the only solution is to rescind the mandate entirely. At the same time, one lay Catholic leader has said the revisions do appear to offer some additional protection, while the country's Catholic bishops are remaining mum as they study the revisions further. 

Cardinal Timothy Dolan of New York, president of the United States Conference of Catholic Bishops (USCCB), responded to the release of the revised regulations today, saying simply that the bishops “welcome the opportunity to study the proposed regulations closely.”

“We look forward to issuing a more detailed statement later,” he added. 

Fr. Frank Pavone, National Director of Priests for Life, responded with a statement saying that no amount of revisions will ever render the HHS mandate acceptable. 

“We at Priests for Life remind the administration that religious liberty does not just belong to religious groups and individuals; it belongs to all Americans,” he said. “Objections to contraceptives and abortion-inducing drugs aren’t based just on dogmas and Bibles, but on adverse health consequences and the fact that human beings, no matter how small, should not be killed.”

“We see only one acceptable change regarding the mandate: rescind it completely,” he said.

However, according to Bill Donohue of the Catholic League, the new rules "appear to go a long way toward rectifying the most problematic provisions of the mandate," at least as it relates to religious employers.

"Essentially, the rules provide insularity for Catholic institutions: they will not be directly involved in providing health insurance coverage for contraception, sterilization and abortion-inducing drugs," he said.

However, Donohue also pointed out that "still unresolved" is the issue of private employers who object to the mandate.

As occurred last year when the previous “accommodation” was announced, Planned Parenthood today swiftly issued a press release welcoming the revised regulations.

“This policy delivers on the promise of women having access to birth control without co-pays no matter where they work,” said Cecile Richards, president of Planned Parenthood. “Of course, we are reviewing the technical aspects of this proposal, but the principle is clear and consistent. This policy makes it clear that your boss does not get to decide whether you can have birth control.”

NARAL Pro-choice America also chimed in with its approval of the revised mandate. 

According to documents released by the Obama administration, the revised regulations will broaden the definition of religious employer by removing onerous requirements that the purpose of such organizations be primarily the “inculcation of religious values,” or that they primarily employ and serve people of the same faith.

These requirements had been widely criticized as exceedingly narrow, prompting one cardinal to exclaim that “not even Jesus” would meet the criteria for an opt-out.

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In the revised regulations the definition of “religious employer” will be replaced with the considerably broader definition included in the Internal Revenue Code.

“Today, the administration is taking the next step in providing women across the nation with coverage of recommended preventive care at no cost, while respecting religious concerns,” said Health and Human Services Secretary Kathleen Sebelius today in releasing the new rules. “We will continue to work with faith-based organizations, women’s organizations, insurers and others to achieve these goals.”

However, the new regulations also make clear that, in the case of religious organizations that opt out, “plan participants would receive contraceptive coverage through separate individual health insurance policies, without cost sharing or additional premiums.”

The question that will become the focal point for religious employers is how contraceptive coverage can be provided to their employees at “no additional cost.” 

As the Obama administration has argued in the past, the new regulations make the claim that insurance companies can afford to provide free contraceptives because contraception will lower costs of women’s health care by improving women’s health in undefined ways, and by ensuring that there are “fewer child births.” 

This raises the spectre that the new regulations may again be an accounting gimmick that will fail to appease the majority of religious employers. The previous "accomodation" had placed the onus for providing contraception coverage on the insurance company used by the religious employer. However, religious leaders had responded by pointing out that their insurance companies would merely offset the costs of the contraception coverage by increasing the price of coverage to make up the difference.

What is also certain is that today’s revisions will do nothing to solve the dilemma faced by private employers who view it as a violation of their conscience to pay for contraceptives and abortifacient drugs.

Included in this class would be the Christian owners of Hobby Lobby, who have vowed to risk $1.3 million a day in fines rather than comply with the mandate. Their challenge against the mandate is ongoing.

The decision to issue the revised rules is no doubt an attempt to quell the extremely heated public debate over the HHS mandate, which has resulted in close to 50 lawsuits filed by hundreds of employers - both religious and private. 

Several religious leaders have advocated civil disobedience as a response to the mandate, while others have vowed that they are willing to go to jail if necessary to oppose it.

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Vatican’s doctrine chief: ‘Absolutely anti-Catholic’ to let bishops conferences decide doctrine or discipline

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By John-Henry Westen

VATICAN, March 26, 2015 (LifeSiteNews.com) - Cardinal Gerhard Ludwig Müller, prefect of the Congregation for the Doctrine of the Faith, has rejected outright the idea floated by Germany’s Cardinal Reinhard Marx that various bishops’ conferences around the world would decide for themselves on points of discipline or doctrine. 

“This is an absolutely anti-Catholic idea that does not respect the catholicity of the Church,” Cardinal Müller told France’s Famille Chrétienne in an interview published today

The question was raised because Cardinal Marx, the head of the German Catholic bishops’ conference and a member of Pope Francis’ advisory Council of Nine, told reporters that the German bishops would chart their own course on the question of allowing Communion for those in “irregular” sexual unions.

“We are not a subsidiary of Rome,” he said in February. “The Synod cannot prescribe in detail what we should do in Germany.”

Vatican Cardinal Müller remarked that while episcopal conferences may have authority over certain issues they are not a parallel magisterium apart from the pope or outside communion with the bishops united to him.

Asked specifically about Cardinal Marx saying that the Church in Germany is “not a subsidiary of Rome,” the head of the Congregation for the Doctrine of the Faith said pointedly “the president of an Episcopal Conference is nothing more than a technical moderator, and as such has no special teaching authority.”  He added moreover, that the dioceses in a particular country “are not subsidiaries of the secretariat of an Episcopal conference or diocese whose Bishop presides over the Episcopal Conference.”

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The CDF head warned that “this attitude makes the risk of waking some polarization between the local churches and the universal Church.” He did not however believe that there was the will for Episcopal conferences to separate from Rome.

The important interview also saw Cardinal Müller contest the notion that the pastoral practice or discipline could change while retaining the same doctrine. “We can not affirm the doctrine and initiate a practice that is contrary to the doctrine,” he said.

He added that not even the papal Magisterium is free to change doctrine. “Every word of God is entrusted to the Church, but it is not superior to the Word,” he said. “The Magisterium is not superior to the word of God. The reverse is true.”

Cardinal Müller rejected the notion that we would have to modify Christ’s unflinching words totally forbidding divorce and remarriage.  We cannot “say that our ministry should be more cautious than Jesus Christ Himself!”  Nor could we, he added, say that Christ’s teaching is out of date or that “we need to correct or refine Jesus Christ because He lived in an idealistic world.” 

Rather, the cardinal said, bishops must be ready for martyrdom.  Quoting Jesus he said, “Blessed are you when people insult you and persecute you, and if we speak all kinds of evil against you because of me.”

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‘Groundbreaking’: Kansas may become first state to ban dismemberment abortions

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By Ben Johnson

TOPEKA, KS, March 26, 2015 (LifeSiteNews.com) – Kansas will become the first state in the country to ban a procedure in which unborn children are dismembered in the womb, if Gov. Sam Brownback signs a bill that recently passed the state legislature.

The state House passed a ban on dilation and evacuation (D&E) abortions, called dismemberment abortions in common parlance, by 98-26 on Wednesday.

The Unborn Child Protection from Dismemberment Abortion Act, which had already passed the state Senate in February 31-9, now heads to Gov. Brownback's desk.

Brownback, a staunch defender of life, is expected to sign the act into law.

"Because of the Kansas legislature's strong pro-life convictions, unborn children in the state will be protected from brutal dismemberment abortions," said Carol Tobias, president of the National Right to Life Committee, which has made banning dismemberment abortions a national legislative focus.

The procedure, in which an abortionist separates the unborn child's limbs from his body one at a time, accounts for 600 abortions statewide every year.

Nationally, it is “the most prevalent method of second-trimester pregnancy termination in the USA, accounting for 96 percent of all second trimester abortions,” according to the National Abortion Federation Abortion Training Textbook.

“It’s just unconscionable that something happens to children that we wouldn’t tolerate being done to pets,” Katie Ostrowski, the legislative director of Kansans for Life, told The Wichita Eagle.

Leading pro-life advocacy groups have made shifting the debate to dismemberment a national priority, with similar legislation being considered in Missouri and Oklahoma. Mary Spaulding Balch, J.D., who is NRLC's director of state legislation, called the bill's passage in Topeka “groundbreaking.”

"When the national debate focuses only on the mother, it is forgetting someone," she said.

The abortion lobby has made clear that it is uncomfortable engaging in a public relations tussle on this ground.

Elizabeth Nash, the senior state issues associate of the Guttmacher Institute, said that dismemberment is “not medical language, so it’s a little bit difficult to figure out what the language would do.”

On the state Senate floor, Democrats tried to alter the bill's language on the floor by replacing the term “unborn child” with fetus. “I know some of you don’t believe in science. But it’s not an unborn child, it’s called a fetus,” said state Senator David Haley, D-Kansas City.

If the bill becomes law, the abortion industry has vowed to fight on.

Julie Burkhart, a former associate of late-term abortionist George Tiller, said the motion's only intention is “to intimidate, threaten and criminalize doctors.”

“Policymakers should be ashamed,” she said, adding, “if passed, we will challenge it in court.”

Gov. Brownback has previously signed conscience rights protections and sweeping pro-life protections into law.

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Anne Hendershott

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How NOT to move beyond the abortion wars

Anne Hendershott
By Anne Hendershott

March 26, 2015 (CrisisMagazine.com) -- A few years ago, when an undergraduate student research assistant of mine—a recent convert to Catholicism—told me that he was planning to meet with a well-known dissenting Catholic theology professor who was then ensconced in an endowed chair at a major metropolitan Catholic university, I told him: “Be careful, you might end up liking him too much.” I jokingly told my student not to make eye contact with the theologian because he might begin to find himself agreeing with him that Catholic teachings “really allow” for women’s ordination and full reproductive rights—including access to abortion.

I was reminded of that conversation this week when I began reading a new book by yet another engaging Catholic theology professor at a major metropolitan university who also claims (pg 6) that the argument he puts forward in his book, Beyond the Abortion Wars, is “consistent with defined Catholic doctrine.” Written by Charles Camosy, associate professor of theology at Fordham University, the new book purports to be in line with Catholic teachings and promises “a way forward for a new generation.” But, Camosy delivers yet another argument for a woman’s right to choose abortion when confronted with an unborn child that he has described—in the past—as an “innocent aggressor.”

Indeed, Camosy has spent much of his career trying to convince us that he knows Catholic teachings better than the bishops. Criticizing Bishop Olmsted for his intervention and excommunication of a hospital administrator for her role in the direct abortion at a Phoenix Catholic hospital, Camosy suggested in 2013 that “the infamous Phoenix abortion case set us back in this regard.” Implying that Bishop Olmsted was not smart enough to understand the moral theology involved in the case, Camosy claimed that “The moral theology in the case was complex—which makes the decision to declare publicly that Sr. McBride had excommunicated herself even more inexplicable. The Church can do better.” For Camosy, “Catholics must be ready to help shape our new discussion on abortion. And we must do so in a way that draws people into the conversation—not only with respectful listening, but speaking in a way that is both coherent and sensitive.”

This new book is likely Camosy’s attempt to “draw people into the conversation.” But, there is little in his book that is either coherent or sensitive. Claiming to want to move “beyond” the abortion wars, Camosy creates an argument that seems designed to offend the pro-life side, while giving great respect to those who want to make sure abortion remains legal.

Especially offensive for pro-life readers will be Camosy’s description of the abortifacient, RU-486 as a form of “indirect abortion.” The reality is that RU-486, commonly known as the “abortion pill,” effectively ends an early pregnancy (up to 8 weeks) by turning off the pregnancy hormone (progesterone). Progesterone is necessary to maintain the pregnancy and when it is made inoperative, the fetus is aborted. For Camosy, who claims that his book is “consistent with settled Catholic doctrine,” this is not a “direct” abortion. To illustrate this, Camosy enlists philosopher Judith Jarvis Thompson’s 1971 “Defense of Abortion”—the hypothetical story of the young woman who is kidnapped and wakes up in a hospital bed to find that her healthy circulatory system has been hooked up to a famous unconscious violinist who has a fatal kidney ailment. The woman’s body is being used to keep the violinist alive until a “cure” for the violinist can be found. Camosy makes the case—as hundreds of thousands of pro-choice proponents have made in the past four decades—that one cannot be guilty of directly killing the violinist if one simply disconnects oneself from him. Likewise, for Camosy, simply taking the drug RU 486 is not “directly” killing the fetus. He writes:

The drugs present in RU 486 do not by their very nature appear to attack the fetus. Instead, the drug cuts off the pregnancy hormone and the fetus is detached from the woman’s body…. Using RU 486 is like removing yourself from [Judith Jarvis Thompson’s] violinist once you are attached. You don’t aim at his death, but instead remove yourself because you don’t think you have the duty to support his life with your body…. Some abortions are indirect and better understood as refusals to aid (pp 82-83).

Perhaps there are some readers who will find Camosy’s argument convincing, but I am not sure that many faithful Catholic readers will agree that it is consistent with settled Catholic doctrine.

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As one who is hardly a bystander in the abortion wars, I wanted to like this book. As an incrementalist who celebrates every small step in creating policy to protect the unborn, I had high hopes that this book would at last begin to bridge the divide. A decade ago, in my own book, The Politics of Abortion, I joined the argument begun by writers like Marvin Olasky in his Abortion Rites: A Social History of Abortion in America, that it is more effective to attempt to change the hearts and minds of people than to create divisive public policy at the federal level. I share Charles Camosy’s desire to end the abortion wars—but this war cannot end until the real war on the unborn ends. This does not mean that the two sides cannot work together—battling it out at the state level—where there is the opportunity for the greatest success. But, complex philosophical arguments on whether RU 486 is a direct or indirect form of abortion are not helpful to these conversations.

Camosy must know that we can never really “end” the abortion wars as long as unborn children are still viewed as “aggressors” or “invaders” and can still be legally aborted. Faithful Catholics know that there is no middle ground on this—the pro-life side has to prevail in any war on the unborn. It can be done incrementally but ground has to be gained—not ceded—for the pro-life side. Besides, Camosy seems a bit late to the battlefield to begin with. In many ways, he seems to have missed the fact that the pro-life side is already winning many of the battles through waiting periods, ultrasound and parental notification requirements, and restrictions on late term abortion at the state level. More than 300 policies to protect the unborn have been passed at the state level just in the past few years. The number of abortions each year has fallen to pre-Roe era levels—the lowest in more than four decade.   Much of these gains are due to the selfless efforts of the pro-life community and their religious leaders. Yet, just as victory appears possible in many more states, Camosy seems to want to surrender by resurrecting the tired rhetoric—and the unconscious violinists—of forty years ago.

While it is disappointing, it is not unexpected considering Camosy’s last book lauded the contributions of Princeton’s most notorious professor, Peter Singer—the proponent of abortion, euthanasia and infanticide. Claiming that Singer is “motivated by an admirable desire to respond to the suffering of human and non-human animals,” Camosy’s 2012 book, Peter Singer and Christian Ethics: Beyond Polarization, argues that, “Though Singer is pro-choice for infanticide, on all the numerous and complicated issues related to abortion but one, Singer sounds an awful lot like Pope John Paul II.”  In a post at New Evangelical Partnership for the Common Good, a progressive organization led by Rev. Richard Cizik (a former lobbyist for the National Association of Evangelicals who was removed from his position because of his public support for same sex unions, and his softening stance on abortion) Camosy wrote that he found Singer to be “friendly and compassionate.”  Camosy currently serves on the Advisory Board of Cizik’s New Evangelical Partnership—where he has posted Peter Singer-like articles including: “Why Christians Should Support Rationing Health Care.”

One cannot know the motivations of another—we can never know what is in another’s heart so it is difficult to know why Charles Camosy wrote this book. It must be difficult to be a pro-life professor at Fordham University—a school known for dissenting theologians like Elizabeth Johnson. But, if one truly wants to advance a culture of life in which all children are welcomed into the world, it would seem that inviting Peter Singer to be an honored speaker to students at Fordham in 2012 is not the way to do it, nor would claiming that RU-486 “may not aim at death by intention.” Perhaps it is unwise to continue to critically review Camosy’s work from a Catholic perspective because it gives such statements credibility—and notoriety. But, as long as Camosy continues to claim that his writings and policy suggestions—including his newly proposed “Mother and Prenatal Child Protection Act”—are “consistent with defined Catholic doctrine,” faithful Catholics will have to continue to denounce them.

Reprinted with permission from Crisis Magazine. 

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