Kathleen Gilbert

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Catholic Health Ass’n, Notre Dame pushing dangerous compromise on birth control mandate: watchdog

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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Lisa Bourne

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Trump vows to push LGBT rights, hedges on pro-marriage litmus test

Lisa Bourne

CONCORD, New Hampshire, February 8, 2016 (LifeSiteNews) – Does Donald Trump support the gay agenda or oppose it? On the eve of the New Hampshire primary, observers are still scratching their heads about where the GOP frontrunner actually stands.

Trump has repeatedly and consistently said he supports the natural definition of marriage, but can a President Trump be relied on to promote it resolutely and cogently? It is this question that has many marriage activists expressing concern about his increasingly likely hold on the GOP nomination.

In fact, the National Organization for Marriage has gone so far as to say that Trump has “abandoned” the pro-marriage cause.

Trump himself underscored the problem on the weekend when he told a New Hampshire television station that from the White House he would push “equality” for homosexuals even further forward.

A cable news reporter self-identifying as a lesbian asked him last Thursday after a rally in Exeter, "When President Trump is in office, can we look for more forward motion on equality for gays and lesbians?"

“Well, you can and look - again, we're going to bring people together. That's your thing, and other people have their thing,” Trump told Sue O’Connell of New England Cable News. “We have to bring all people together. And if we don't, we're not gonna have a country anymore. It's gonna be a total mess.”

Following the comments, Trump appeared Sunday on ABC’s This Week program with George Stephanopoulos and would not commit to appointing Supreme Court justices who’d overturn Obergefell, though that would be his “preference.”

STORY: ‘Anyone but Donald Trump’: Here’s his record on life, marriage, and religious liberty

“We’re going to look at judges. They’ve got to be great judges. They’ve got to be conservative judges. We’re going to see how they stand depending on what their views are. But that would be my preference,” he told Stephanopoulos. “I would prefer that they stand against, but we’ll see what happens. It depends on the judge.”

Trump’s comments follow his statements during a Fox News Sunday interview last week, when he said, “If I'm elected, I would be very strong on putting certain judges on the bench that I think maybe could change things, but they've got a long way to go.” 

“[Marriage] should be a states rights issue,” Trump continued. “I can see changes coming down the line, frankly.” 

When asked by Fox if he “might try to appoint justices to overrule the decision on same-sex marriage,” Trump replied, “I would strongly consider that, yes.”

The real estate mogul criticized the Supreme Court for the Obergefell decision imposing homosexual “marriage” on all 50 states last June, but then later in August, Trump voiced support to NBC News for banning companies from firing employees on the basis of sexual orientation. “I don't think it should be a reason” to fire workers, he said at the time on Meet the Press.

The National Organization for Marriage (NOM) and a number influential evangelicals have endorsed Senator Ted Cruz in the race for president. The Texas senator has not only committed to appointing pro-marriage justices, but says the president and the states can rightly defy the “fundamentally illegitimate” ruling just as President Lincoln defied the Dred Scott decision.

NOM has also been highly critical of Trump, saying he has “abandoned” their cause. The organization said in its January 27 blog post just prior to the Iowa Caucus that “Donald Trump does not support a constitutional amendment to restore marriage to our laws. Worse, he has publicly abandoned the fight for marriage. When the US Supreme Court issued their illegitimate ruling redefining marriage, Trump promptly threw in the towel with these comments on MSNBC: ‘You have to go with it. The decision's been made, and that is the law of the land.’”

NOM had said the week before that Trump “has made no commitments to fight for marriage, or the rights of supporters of marriage to not be discriminated against and punished for refusing to go along with the lie that is same-sex 'marriage.'”

New Hampshire voters have been tracked as showing support for homosexual “marriage,” as a poll last February showed 52 percent of Republican NH primary voters saying opposing gay “marriage” is unacceptable.

The latest CNN/WMUR tracking poll shows that overall 33 percent of likely Republican primary voters support Trump, giving him a growing 17-point lead over the nearest GOP contender. RealClearPolitics polling average in the state puts him at 31.0 percent support, with Marco Rubio second at 14.7, John Kasich third at 13.2, and Ted Cruz fourth at 12.7.



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Greg Quinlan

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The unravelling of Chris Christie

Greg Quinlan

February 8, 2016 (LifeSiteNews) -- I'm a member of the clergy and for the past eight years have lobbied the powerful in Trenton, covering the administrations of both Governors Jon Corzine and Chris Christie.  I did much of my work on behalf of the New Jersey Family Policy Council, associated with Tony Perkins' Family Research Council.  I am currently the President of the Center for Garden State Families.

Those of us who are engaged in the fight to secure the right to believe, speak, and practice the Christian faith in America were all heartened by the election of a Pro-Life Governor in 2009.  Not only did Chris Christie run as an open Pro-Lifer, but he adopted a position in support of natural marriage in the course of the campaign.  And when legislative Democrats attempted to pass same-sex marriage in the lame duck session, so they could have outgoing Governor Corzine sign it into law, Chris Christie rallied opposition and stopped it.  Those were the early, hopeful days; but as Governor, Chris Christie has presented himself in an inconsistent, even scatterbrained way, often making decisions that go against earlier stated beliefs. 

One of his first decisions was to make a liberal Democrat the state's Attorney General.  Once approved by the Senate, and she was, the Attorney General could not be fired by the Governor, as was the case with other cabinet officers.  This gave a liberal Democrat enormous power and she used it to join up with liberal Massachusetts Attorney General Martha Coakley in filing a brief against Christians in a case called Christian Legal Society v. Martinez.  Just one day after being sworn in, the newly appointed state Attorney General took the most aggressive legal posture available to defend former Governor Corzine’s one-gun-a-month handgun rationing law, moving to dismiss an NRA lawsuit to overturn the law, and later vigorously opposing the NRA’s motion for a preliminary injunction in the case.  Because of this appointment, New Jersey did not join in the lawsuits to overturn ObamaCare.

Governor Christie appointed a radical "sexologist" to run the NJ Department of Children & Families.  This appointee would later resign when it emerged that she had held the top job in an organization that had supported a study advocating the normalization of some forms of adult-child sex. 

His judicial appointments were also confusing.  While claiming to oppose same-sex marriage, Governor Christie nominated an openly gay Republican to the state Supreme Court who supported it.  Even Democrats wouldn't support this plainly unqualified appointment, and he never served.  The Governor supported the advancement of a liberal Democrat to the job of Chief Justice, while refusing to support the re-appointment of a Republican and the Court's most conservative member.  He also appointed a controversial defense attorney who had defended a number of Islamic extremists who had violated immigration law. 

In 2013, many of those in the Christian community opposed legislation that banned young people from receiving counseling and therapy to lead them away from homosexuality.  As an ex-gay myself, I could have personally attested to the benefits of such counseling, much of which is no different than what is found in contemporary twelve-step programs.  However, the Christian community opposing the ban was not afforded the opportunity to meet with the Governor.  Only the homosexual community with its pro-ban agenda was given that benefit.

Click "like" if you want to defend true marriage.

I don't blame the Governor for this, but I do blame his staff.  As President Ronald Reagan said, "personnel is policy," and  Governor Christie's choices in personnel have not advanced the policies he campaigned on, and often it was the direct opposite.   

New Jersey ended up being just the second state in the country that only allows young people to receive counseling that advocates homosexuality, but bans by law counseling that advocates heterosexuality. When he signed it into law, Governor Christie embraced the made-up "science" of the propagandists, when he cited un-specified "research" that "sexual orientation is determined at birth."  This is the so-called "gay-gene" trope that has baffled those engaged in the Science of Genetics because it has never been discovered.

As a candidate for Governor, Chris Christie talked the talk and raised the expectations of Christians in New Jersey. As Governor, and especially in his appointments, Christie undermined our confidence in his leadership. Christians should ask tough questions before extending our faith in him again.



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Center for Medical Progress lead investigator David Daleiden speaks at an event in Washington, DC, before the 2016 March for Life. Lisa Bourne / LifeSiteNews
Dustin Siggins Dustin Siggins Follow Dustin

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Pro-life investigator hits back with new footage after judge blocks release of abortion sting videos

Dustin Siggins Dustin Siggins Follow Dustin

SAN FRANCISCO, February 8, 2016 (LifeSiteNews) -- A new video from the Center for Medical Progress (CMP) shows two National Abortion Federation (NAF) employees saying that abortion clinics would be interested in kickbacks from profits on fetal tissue and body part sales.

The video comes three days after a San Francisco imposed an injunction sought by NAF against CMP videos that one of the abortion group's attorneys said meant that "NAF's members can sleep a little easier tonight."

CMP accused the pro-abortion organization of hiding behind the court.

According to U.S. District Court Judge William H. Orrick, however, NAF "made...a showing" that release of CMP videos would harm rights to privacy, freedom of association, and liberty of NAF members.

URGENT: Sign the petition to Harris County urging them to drop the charges against David Daleiden and Sandra Merritt. Click here.

"Critical to my decision are that the defendants agreed to injunctive relief if they breached the agreements and that, after the release of defendants’ first set of Human Capital Project videos and related information in July 2015, there has been a documented, dramatic increase in the volume and extent of threats to and harassment of NAF and its members," wrote Orrick.

Additionally, the judge found that CMP's videos “thus far have not been pieces of journalistic integrity, but misleadingly edited videos and unfounded assertions," and that nobody from the abortion industry “admitted to engaging in, agreed to engage in, or expressed interest in engaging in potentially illegal sale of fetal tissue for profit" in the CMP videos.

However, in a new video released today that is unrelated to the injunction, a NAF employee told undercover journalists that kickbacks "definitely [sound] like something some [of] our members would be really interested in," with another chiming in that money from private purchasers to abortion clinics were "a win-win" for clinics.

The undercover investigators, who had purported to be part of a biotechnology company with an interest in fetal parts, were offered the chance to be at a NAF conference. “We have an exhibit hall and then we also have the general conference. But I mean, this is a very great way to talk to our members. We have a group purchasing program through our membership,” the journalists were told. “So it seems like this would be a really great option to be able to offer our members, as well.”

This is the second ruling against CMP in recent weeks, and the second by Orrick since July. The San Francisco judge issued a restraining order against CMP related to NAF's 2014 and 2015 meetings in San Francisco and Baltimore that Friday's ruling extended.

The other recent ruling came in the form of an indictment of CMP's David Daleiden and Sandra Merritt. Merritt and Daleiden turned themselves into Houston authorities for booking and processing last week. After being released on bail, Daleiden spoke at a LifeSiteNews/Christian Defense Coalition press conference after which more than 100,000 petition signatures backing Daleiden were dropped off to the Harris County, Texas District Attorney's office.

According to Orrick, who says he reviewed the more than 500 hours of recordings from CMP, "It should be said that the majority of the recordings lack much public interest, and despite the misleading contentions of defendants, there is little that is new in the remainder of the recordings. Weighed against that public interest are NAF’s and its members’ legitimate interests in their rights to privacy, security, and association by maintaining the confidentiality of their presentations and conversations at NAF Annual Meetings. The balance is strongly in NAF’s favor.”

NAF did not respond to a request for comment about the allegations by Orrick and a NAF spokesperson that CMP's videos have caused threats and other security concerns against NAF members.



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