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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Dustin Siggins Dustin Siggins Follow Dustin

Two Congressmen confirm: National 20-week ban on abortion will come up for a vote shortly

Dustin Siggins Dustin Siggins Follow Dustin
By Dustin Siggins

WASHINGTON, D.C., April 17, 2015 (LifeSiteNews.com) – A bill to end abortion in the United States after 20 weeks will move forward, and it will have the strong support of two leading pro-life Congressmen, the two Republicans told LifeSiteNews.com at the eighth annual Susan B. Anthony List Campaign for Life Summit on Thursday.

Rep. Chris Smith, R-NJ, told LifeSiteNews and the National Catholic Register that ongoing House discussions on H.R. 36, the "Pain Capable Unborn Child Protection Act," will result in a pro-life bill moving forward.

"Very good language" is being put together, Smith told The Register. He told LifeSiteNews that he fully anticipated being able to support the final bill, because the House Republican caucus "wouldn't have something that would be unsupportable. Our leadership is genuinely pro-life."

In 2013, the "Pain Capable Unborn Child Protection Act" easily passed through the House of Representatives, only to be stalled by a Democratic-controlled Senate. This year, an identical bill was halted by Rep. Renee Ellmers, R-NC, and other Republicans -- surprising and angering pro-life leaders who thought its passage was assured. That bill, H.R. 36, is now being rewritten so it can be voted on by the full House, though its final wording remains uncertain.

Some fear that the House leadership will modify the bill to mollify Ellmers. She and others objected that the bill allows women to abort a child after 20 weeks in the case of rape – but only if they report that rape to the authorities.

Pro-life activists say removing the reporting requirement would take abortionists at their word that the women whose children they abort claimed to be raped. Congresswoman Ellmers has publicly stated the House leadership is considering such a proposal.

Jill Stanek, who was recently arrested on Capitol Hill as part of a protest to encourage Republicans to pass H.R. 36, said that would be "a loophole big enough for a Mack truck."

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Congressman Smith said the bill will come to the floor shortly. "The commitment to this bill is ironclad; we just have to work out some details," Smith said.

He also noted that, while a vote on the 20-week ban has been delayed for nearly three months, "we did get the No Taxpayer Funding for Abortion Act passed, and that would have been in the queue now, so we just reversed" the order of the two bills.

Congressman Smith spoke to both outlets shortly after participating in a panel at the Summit.

Another speaker was Rep. Steve King, R-IA, who also supports the 20-week ban.

"I can't think of what” language that is actively under consideration could make him rethink his support for the bill, King said. He also told attendees that the nation was moving in a direction of supporting life.

The outspoken Congressman declined to answer further, noting "that's asking me to anticipate an unknown hypothetical."

The annual Campaign for Life Summit and its related gala drew other high-profile speakers, including presidential candidate Senator Rand Paul, potential presidential hopeful Senator Lindsay Graham, and Republican National Committee Chairman Reince Priebus.  

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"Someone who doesn’t flinch at the dismemberment of babies is not going to flinch at the dismemberment of some evangelical baker’s conscience."
Jonathon van Maren Jonathon van Maren Follow Jonathon

Pro-lifers are winning. So now they’re coming for our cupcakes?

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

As I travel across Canada (and at times the United States) speaking on abortion and various facets of the Culture of Death, one of the things I hear often is a hopelessness, a despair that the West is being flattened by the juggernaut of the Sexual Revolution. There is a feeling among many people that the restriction of religious liberty, the continued legality of abortion, and the redefinition of marriage are inevitable.

This is, of course, one of the most prominent and successful strategies of the Sexual Revolutionaries—create an aura of inevitability while concurrently demonizing all those who oppose their new and mangled “progress” as Neanderthals on the cusp of being left behind by History. That inevitability becomes a self-fulfilling prophecy, because many people don’t realize that the various battles in the Sexual Revolution actually all correlate to one another—that what we are seeing now is the end game of an incredibly vast and well-planned cultural project.

It is because we miss many of these connections that we often cannot see, with clarity, how the culture wars are actually unfolding. I read with great interest a recent column by Rev. Douglas Wilson, eloquently titled “With stirrups raised to Molech.”

“We are now much occupied with the issues swirling around same sex mirage,” he writes, “but we need to take great care not to get distracted. Why have the homosexual activists gone all in on this issue? Why is their prosecutorial zeal so adamant? We went, in just a matter of months, from ‘let’s let individual states’ decide on this, to federal judges striking down state statutes, followed up hard by official harassment of florists, bakers, and photographers. Why the anger, and why the savage over-reach? And do they really think we couldn’t remember all the things they were assuring us of this time last year?”

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It’s a compelling question, and one that I’ve heard many Christians puzzling over recently. Why do the advocates of the Sexual Revolution despise those who disagree with them so viciously? It is partly because their cultural project does not, as they claim, consist of “living and let live.” It is about compulsory acceptance of any and all sexual behaviors, with tax-payer funding for the rubbers and pills they need to ensure all such behaviors remain sterile, and extermination crews to suction, poison, and dismember any inconvenient fetuses that may come into being as the result of casual coitus.

The ancient mantra “the State has no business in the bedrooms of the nation” has long been abandoned—the emboldened Sexual Revolutionaries now demand that politicians show up at their exhibitionist parades of public indecency, force schools to impose their so-called “morally neutral” view of sexuality on children, and force into silence those who still hold to traditional values.

Rev. Wilson, however, thinks that this loud and vicious war on conscience may be about even more than that. The pro-life cause, he notes, has been very successful in the Unites States. The abortion rate is the lowest it has been since 1973. Hundreds of pro-life laws are passing on the state level. The abortion industry has been successfully stigmatized. True, the successes are, for pro-lifers, often too feeble and not nearly adequate enough in the face of such unrestrained bloodshed. Nevertheless, the momentum has turned against the Sexual Revolutionaries who have championed abortion for decades—their shock and anger at the strength of the pro-life movement evident in pro-abortion signs at rallies that read, “I can’t believe I still have to protest this s**t.”

It is because of the pro-life movement’s success, Wilson muses, that the Sexual Revolutionaries may be coming at us with such fury. “If a nation has slaughtered 50 million infants,” he writes, “they are not going to suddenly get a sense of decency over you and your cupcakes. Now this explains their lack of proportion, and their refusal to acknowledge the rights of florists. Someone who doesn’t flinch at the dismemberment of babies is not going to flinch at the dismemberment of some evangelical baker’s conscience. This reveals their distorted priorities, of course, but it also might be revealing a strategy. Is the homosexual lobby doing this because they are freaking out over their losses on the pro-life front? And are they doing so in a way intended to distract us away from an issue where we are slowly, gradually, inexorably, winning?”

It’s a fascinating perspective. It’s true—and has always been true historically—that when one group of human beings is classified as nonhuman by a society as nonhuman and subsequently butchered, the whole of society is degraded. No nation and no culture can collectively and systematically kill so many human beings without a correlating hardening of the conscience. But on the pro-life front, there has been decades of fierce resistance, hundreds of incremental victories, and a renewed energy among the upcoming generation of activists. For the Sexual Revolutionaries who thought the battle was over when Roe v. Wade was announced in 1973, this must be a bitter pill to swallow indeed.

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Lisa Bourne

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‘Prominent’ Catholics attacking Archbishop Cordileone are big donors to Pelosi and pro-abort Democrats

Lisa Bourne
By Lisa Bourne

Note: To sign a petition supporting Archbishop Cordileone, click here

SAN FRANCISCO, CA, April 17, 2015 (LifeSiteNews.com) -- Big donors to the Democrat Party and pro-abortion Nancy Pelosi are among those publicly harassing San Francisco Archbishop Salvatore Cordileone for protecting Catholic identity in the area’s Catholic high schools.

A big-ticket full-page ad ran April 16 in the San Francisco Chronicle attacking the archbishop and calling Pope Francis to oust him for his efforts to reinforce Catholic principles in the schools.

A number of prominent San Francisco-area residents identifying as Catholic are signatories of the ad, and several are wealthy donors to Democrat entities and pro-abortion politicians, Catholic Vote reports.

Federal Election Commission records indicate Charles Geschke, Adobe Systems chairman and previous head of the Board of Trustees at the University of San Francisco, gave more than $240,000 to Democrat groups, as well as $2,300 to Nancy Pelosi and $4,000 to John Kerry, both politicians who claim to be Catholic but support abortion and homosexual “marriage.”

Also on the list is political consultant and businessman Clint Reilly, who gave nearly $60,000 to Democrat organizations, along with $5,000 to Barack Obama, whose administration vehemently promotes abortion and homosexual “marriage” and has continually opposed religious liberty. Reilly gave $4,600 to Pelosi as well.

Another individual in the ad attacking the archbishop who also gave big campaign donations to California pro-abort Democrats was Lou Giraudo, a former city commissioner and business executive who contributed more than $24,000 to Nancy Pelosi, $6,000 to Dianne Feinstein and $4,300 to Barbara Boxer.

Nancy Pelosi herself challenged the archbishop for his stance on Catholic teaching last year when she tried to pressure him out of speaking at the March for Marriage in Washington D.C., claiming the event was “venom masquerading as virtue.”

The archbishop responded in a letter that he was obliged “as a bishop, to proclaim the truth—the whole truth—about the human person and God’s will for our flourishing ... especially the truth about marriage as the conjugal union of husband and wife.”

The April 16 ad attacking Archbishop Cordileone was the latest in an ongoing assault since the archbishop took steps in February to strengthen Catholic identity in the schools and clarify for faculty and staff in handbooks and contract language the long-standing expectation that they uphold Church principles. 

It said Archbishop Cordileone has “fostered an atmosphere of division and intolerance” and called on Pope Francis to remove him.

“Holy Father, Please Provide Us With a Leader True to Our Values and Your Namesake,” the ad said. “Please Replace Archbishop Cordileone.”

The Confraternity of Catholic Clergy (CCC), a national association for priests and deacons, condemned Archbishop Cordileone’s harassers in a statement, saying the archbishop “teaches in conformity to the Catechism of the Catholic Church.”

“The character assassination and uncharitable venom being cast upon a bishop merely defending the doctrines of his religion is appalling and repugnant,” the CCC said. 

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“It is totally inappropriate, improper and unjust for the media and others to vilify and brutally attack him when he is doing precisely what an ordained minister and pastor of souls is obligated to do,” the group stated, “namely, speak the truth in season and out of season.”

Those behind the attack ad said the proposed handbook language was mean-spirited, and that they were “committed Catholics inspired by Vatican II,” who “believe in the traditions of conscience, respect and inclusion upon which our Catholic faith was founded.”

The Archdiocese of San Francisco denounced the ad upon its release, saying it was a misrepresentation of Catholic teaching and the nature of the teacher contract, and a misrepresentation of the spirit of the Archbishop.

“The greatest misrepresentation of all is that the signers presume to speak for “the Catholic Community of San Francisco,” the archdiocese responded. “They do not.”

The CCC pointed out that just as physicians are expected to be faithful to the Hippocratic Oath, bishops, priests, and deacons are expected to be faithful to the Church, its teachings and its authority, “since their objective is the salvation of souls, not a popularity contest.” 

In openly declaring their support for Archbishop Cordileone, the group urged the media and others to show “prudence, civility, and fair-mindedness” toward those with whom they disagree.

“He took an oath to be faithful to the Gospel,” the Confraternity stated of Archbishop Cordileone, “and in the words of the disciples in the New Testament, ‘better to obey God than men.’”

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