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.


Patrick J. Reilly

cc: Joshua DuBois, Executive Director, Office of Faith-Based and Neighborhood Enterprises

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Dustin Siggins Dustin Siggins Follow Dustin

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Clinton: US needs to help refugee rape victims… by funding their abortions

Dustin Siggins Dustin Siggins Follow Dustin
By Dustin Siggins

CLINTON, Iowa, November 25, 2015 (LifeSiteNews) – Leading Democratic presidential candidate Hillary Clinton said on Sunday that U.S. taxpayers should be on the hook for abortions for refugees impregnated through rape.

"I do think we have to take a look at this for conflict zones," Clinton said at an Iowa town hall, according to CNN. "And if the United States government, because of very strong feelings against it, maintains our prohibition, then we are going to have to work through non-profit groups and work with other counties to ... provide the support and medical care that a lot of these women need."

Clinton also said that "systematic use of rape as a tool of war and subjection is one that has been around from the beginning of history" but that it has become "even more used by a lot of the most vicious militias and insurgent groups and terrorist groups."

The prohibition referenced by Clinton – and named by the woman who asked Clinton about pregnant refugees – is known as the Helms Amendment. Made into law in 1973, it prevents U.S. foreign aid funds from being used for abortion.

Abortion supporters have urged the Obama administration to unilaterally change its interpretation of the amendment to allow exceptions for pregnancies resulting from rape and incest, and if the mother's life is in danger. They argue that because the law specifically states that "[n]o foreign assistance funds may be used to pay for the performance of abortion as a method of family planning," women who are raped should be excepted.

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In August, 81 Democrats signed a letter to President Obama that urged this course of action. CNN reported that while Clinton didn't call for the Helms Amendment to be changed or re-interpreted, she did support other actions to increase women's access to abortion facilities.

If the United States "can't help them [to get an abortion], then we have to help them in every other way and to get other people to at least provide the options" to women raped in conflict, she said.

"They will be total outcasts if they have the child of a terrorist or the child of a militia member," according to Clinton. "Their families won't take them, their communities won't take them."

A study of women who bore their rape-conceived children during the Rwanda genocide found that "motherhood played a positive role for many women, often providing a reason to live again after the genocide."

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Cardinal George Pell Patrick Craine / LifeSiteNews
Andrew Guernsey

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Cardinal Pell bets against the odds: insists Pope Francis will strongly reaffirm Catholic tradition

Andrew Guernsey
By Andrew Guernsey


ROME, November 25, 2015 (LifeSiteNews) -- Contradicting the statements of some of the pope’s closest advisors, the Vatican’s financial chief Cardinal George Pell has declared that Pope Francis will re-assert and “clarify” longstanding Church teaching and discipline that prohibits Communion for the divorced and civilly remarried in public adultery without sacramental confession and amendment of life.

In a homily on Monday, Pell stressed the importance of fidelity to the pope, especially today as “we continue to look also to the successor of St. Peter as that guarantee of unity in doctrine and practice.”

Pell was offering Mass at the Basilica of San Clemente in Rome on the feast of Pope St. Clement I, notable in history for being one of the first popes to exert Roman papal primacy to correct the errors in the doctrine and abuses in discipline which other bishops were allowing.

Turning to address the issues at the Synod on the Family, Pell rebuked those who “wanted to say of the recent Synod, that the Church is confused and confusing in her teaching on the question of marriage,” and he insisted that the Church will always remain faithful to “Jesus’ own teaching about adultery and divorce” and “St. Paul’s teaching on the proper dispositions to receive communion.” Pell argues that the possibility of Communion for those in adultery is “not even mentioned in the Synod document.”

Pell asserted that Pope Francis is preparing “to clarify for the faithful what it means to follow the Lord…in His Church in our World.” He said, “We now await the Holy Father’s apostolic exhortation, which will express again the Church’s essential tradition and emphasize that the appeal to discernment and the internal forum can only be used to understand better God’s will as taught in the scriptures and by the magisterium and can never be used to disregard, distort or refute established Church teaching.”

STORY: Vatican Chief of Sacraments: No pope can change divine law on Communion

The final document of the synod talks about the “internal forum” in paragraphs 84-86, refers to private discussions between a parish priest and a member of the faithful, to educate and form their consciences and to determine the “possibility of fuller participation in the life of the Church,” based on their individual circumstances and Church teaching. The selective quoting of John Paul II’s Familiaris Consortio that omitted his statement ruling out the possibility of Communion for those in public adultery has given liberals hope that this “fuller participation” could include reception of Communion.

Pell’s prediction that the pope will side with the orthodox side of this controversy lends two explanations. On one reading, Pell is uncertain what the pope will do in his post-synodal exhortation, but he is using such firm language as a way of warning the pope that he must clearly uphold Church teaching and practice, or else he would risk falling into heresy at worst or grave negligence at best in upholding the unity of the Church.

On another reading, Pell may have inside information, even perhaps from the pope himself, that he will uphold Church teaching and practice on Communion for those in public adultery, that the pope’s regular confidants apparently do not have.

This hypothesis, however, is problematic in that just last week, Pope Francis suggested that Lutherans may “go forward” to receive Holy Communion, contrary to canon law, if they come to a decision on their own, which suggests agreement with the reformers’ line of argument about “conscience.” And earlier last month, the pope granted an interview to his friend Eugenio Scalfari, who quoted the pope as promising to allow those in adultery back to Communion without amendment of life, even though the Vatican refused to confirm the authenticity of the quote since Scalfari does not use notes.

If Pell actually knew for certain what the pope would do, it would also seem to put Pell’s knowledge above that of Cardinal Robert Sarah, who in what could be a warning to Pope Francis, declared last week in no uncertain terms that “Not even a pope can dispense from such a divine law” as the prohibition of public adulterers from Holy Communion.

STORY: Papal confidant signals Pope Francis will allow Communion for the ‘remarried’

Several members of the pope’s inner circle have said publicly that the controversial paragraphs 84-86 of the Synod final document have opened the door for the Holy Father to allow Communion in these cases if he so decides. Fr. Antonio Spadaro, SJ, a close friend of Pope Francis and the editor of La Civita Catholica, a prominent Jesuit journal in Rome reviewed by the Vatican Secretariat of State, wrote this week that the internal forum solution for the divorced in adultery is a viable one:

The Ordinary Synod has thus laid the bases for access to the sacraments [for the divorced and civilly remarried], opening a door that had remained closed in the preceding Synod. It was not even possible, one year ago, to find a clear majority with reference to the debate on this topic, but that is what happened in 2015. We are therefore entitled to speak of a new step.

Spadaro’s predictions and interpretation of the Synod are consistent with the public statements of liberal prelates, some of whom are close confidantes to Pope Francis, including Cardinal Schönborn, Cardinal Wuerl, Cardinal Kasper, Cardinal Nichols, and the head of the Jesuit order, Fr. Nicolás. Fr. Nicolás, in particular, first confirmed that there would be an apostolic exhortation of the pope, and said of Communion for those in public adultery:

The Pope’s recommendation is not to make theories, such as not lumping the divorced and remarried together, because priests have to make a judgment on a case by case and see the situation, the circumstances, what happens, and depending on this decision one thing or the other. There are no general theories which translate into an iron discipline required at all. The fruit of discernment means that you study each case and try to find merciful ways out.

Although in the best analysis, Pell’s prediction about what Pope Francis may do in his post-synodal apostolic exhortation remains just that-- a prediction—he is drawing a line in the sand that if the pope chooses to cross, would bring the barque of Peter into uncharted waters, where the danger of shipwreck is a very real threat.


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Lianne Laurence


Jennifer Lawrence just smeared traditional Christians in the worst way

Lianne Laurence
By Lianne Laurence

November 25, 2015 (LifeSiteNews) – It’s no surprise that yet another Hollywood star is mouthing the usual liberal platitudes, but the fact that this time around it’s Jennifer Lawrence, a mega-star and lead in blockbuster series Hunger Games, brings a particular sting of disappointment.

That’s because the 25-year-old, effervescent and immensely talented star often comes across not only as very likable, but also as someone capable of independent thought.

But apparently not.

Or at least not when it comes to Kim Davis, the Kentucky clerk famously thrown in jail for refusing to obey a judge’s order that she sign marriage licenses for homosexual couples.

Davis, Lawrence tells Vogue in its November issue, is that “lady who makes me embarrassed to be from Kentucky.”

“Don’t even say her name in this house,” the actress told Vogue writer Jonathan van Meter in an interview that happened to take place the day after Davis was released from her five-day stint in jail.

Lawrence then went on a “rant” about “all those people holding their crucifixes, which may as well be pitchforks, thinking they’re fighting the good fight.”

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She was brought up Republican, she told van Meter, “but I just can’t imagine supporting a party that doesn’t support women’s basic rights. It’s 2015 and gay people can get married and we think that we’ve come so far, so, yay! But have we? I don’t want to stay quiet about that stuff.”

After conjuring up images of Christians as bug-eyed hillbillies on a witchhunt with her reference to “crucifixes as pitchforks,” Lawrence added darkly: “I grew up in Kentucky. I know how they are.”

Perhaps one should infer that it’s lucky for Lawrence she escaped to Los Angeles and its enlightened culture. That hallowed place where, according to van Meter, Kris Jenner (former spouse of Bruce Jenner, who infamously declared himself a woman) brought Lawrence a cake for her birthday that was shaped like excrement and inscribed: “Happy birthday, you piece of sh*t!”

Lawrence is reportedly now Hollywood’s most highly paid actress. Not only is she the star of the hugely popular and lucrative Hunger Games franchise -- the last installment of which, Mockingjay, Part 2 opened November 20 -- but she won an Oscar for Silver Linings Playbook and starred in several others since her breakout role in the 2010 moving and moody indie film, Winter’s Bone.

Lawrence has every right to express her opinion, although no doubt it will be given more weight than it deserves. It is unfortunate, however, that she’s chosen to wield her fame, shall we say, as a pitchfork against Christian moral truths.



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