Kathleen Gilbert

, ,

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.

Join a Facebook page to end abortion here

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

FREE pro-life and pro-family news.

Stay up-to-date on the issues you care about the most. Subscribe today. 

Select Your Edition:

Donate to LifeSiteNews

Give the gift of Truth.


Advertisement
Hillary Clinton
Shutterstock
Dustin Siggins Dustin Siggins Follow Dustin

, , ,

For Hillary Clinton, abortion access trumps religious liberty

Dustin Siggins Dustin Siggins Follow Dustin
By Dustin Siggins

WASHINGTON, D.C., May 1, 2015 (LifeSiteNews.com) -- For Democratic presidential hopeful Hillary Clinton, apparently abortion trumps religious liberty.

It may have gotten bipartisan support in the House of Representatives last night, but a spokesperson for the Democratic Party's leading presidential candidate says a resolution protecting religious liberty in the District of Columbia "overrule[s] the democratic process" and hurts women.

The vote, which saw three Democrats join the GOP majority and 13 Republicans stand with Democrats, was meant to protect pro-life and religious organizations in the District from the Reproductive Health Non-Discrimination Act (RHNDA).

RHNDA was signed by the mayor of the District of Columbia, Muriel Bowser, in January, and makes it illegal for any employer, including religious and pro-life organizations, to use a person's belief or actions about abortion in employment considerations. It also requires employers to provide abortion coverage.

The resolution now goes to the Senate, where it is expected to fail due to the Senate being on recess. Under existing federal law, the measure has 30 legislative days to be disapproved by Congress and President Obama. If this does not happen, it becomes law.

The 30-day window ends on Saturday. President Obama promised a veto of the resolution on Thursday, even though RHNDA was opposed by former District mayor Vincent Gray. According to Gray, while he "applaud[s] the goals of this legislation," the former mayor believes RHNDA could violate the U.S. Constitution's guarantee of equal treatment under the law.

Click "like" if you are PRO-LIFE!

The statement by the Clinton campaign left no doubt that she stood with Obama and a majority of Democratic legislators. Spokeswoman Jennifer Palmieri told CNN, "Hillary Clinton has fought for women and families and their right to access the full range of reproductive health care without interference from politicians or employers."

"Hillary will fight to make it easier, not more difficult, for women and families to get ahead and ensure that women are not discriminated against for personal medical decisions."

The remarks come a week after Clinton took criticism for saying that "religious beliefs" critical of "reproductive rights" must "be changed."

“Yes, we've cut the maternal mortality rate in half, but far too many women are still denied critical access to reproductive health,” she told the Women in the World Summit on April 23.

“Rights have to exist in practice, not just on paper," said Clinton in her speech. "Laws have to be backed up with resources, and political will."

“Deep-seated cultural codes, religious beliefs, and structural biases have to be changed,” said the candidate.

Advertisement
Featured Image
Dustin Siggins Dustin Siggins Follow Dustin

, ,

Social conservatives may be funding the destruction of marriage: corporate watchdog

Dustin Siggins Dustin Siggins Follow Dustin
By Dustin Siggins

May 1, 2015 (LifeSiteNews.com) -- With over $55 million in annual revenue, the Human Rights Campaign may be America's most powerful LGBT activist group. And according to a conservative corporate watchdog, that's in part because social conservatives are funding it.

"Conservatives would be surprised to know that many of the dollars they spend every day are helping fund an agenda that seeks to destroy traditional marriage and undermine religious freedoms," said 2nd Vote National Outreach Director Robert Kuykendall. "Even when they purchase a beverage from a company like Coca-cola or Starbucks, their dollar is going to support HRC's liberal agenda to redefine marriage."

Less than 18 months old, 2nd Vote has graded hundreds of corporations on six issues -- corporate welfare, the environment, education, support for the Second Amendment, abortion, and as of two weeks ago, same-sex "marriage." Using their "scoring" system, 2nd Vote ranks corporations on their direct or indirect involvement with these hot-button public policy and cultural issues.

And according to them, some of America's favorite corporations are making the radical HRC agenda possible.

"HRC is the largest LGBT lobbying organization in the United States with reported revenues of over $55 million," Kuykendall told LifeSiteNews. "The redefinition of marriage and the undermining of religious freedom are major components of HRC’s policy agenda. To fund their policy goals, HRC has enlisted the help of many major corporations that we do business with every day to help fund. Over a third of the contributions received by HRC are listed as 'Corporate/Foundation Grants.'" 

Why should conservatives care about corporate donors to HRC? Kuykendall says the organization is both politically influential and publicly deceptive. "Last election cycle, HRC spent around a million dollars on electioneering activities and in support of liberal candidates willing to push their legislative agenda. HRC is responsible for spreading much of the misinformation regarding [Religious Freedom Restoration Act] laws and has also mischaracterized the protections provided by these laws."

"HRC organized a massive grassroots campaign in support of the legal battle to overturn state laws protecting marriage and influence the Supreme Court’s decision in Obergefell v. Hodges," said Kuykendall.

Marriage isn't the only issue on which conservatives may be at odds with HRC's corporate backers. "2nd Vote’s research into other issues such as life, the environment, and the 2nd Amendment shows that many of the companies supporting HRC have taken liberal stands on other issues as well,” he said. “For example, Apple, Citigroup, Microsoft, and Coca-Cola are Platinum Partners, the highest level of HRC’s National Corporate Partners, that have also funded the liberal Center for American Progress [CAP]."

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

"Bank of America, Google, Goldman Sachs, Starbucks, PepsiCo, and Morgan Stanley are also HRC Corporate Partners that have funded CAP. Furthermore, all of these companies signed the amicus brief asking the Supreme Court to overturn state marriage laws."

In Indiana, the state's religious liberty law was modified because of corporate pressure led by Tim Cook, Apple's gay CEO. Kuykendall says conservatives should not give up, though he acknowledges that "for too long, conservatives have let liberals and groups like HRC bully companies into not just going along with their agenda, but actively funding and promoting it."

"However, conservatives have also proven their ability to mobilize and use their dollars in support of traditional values as we’ve seen through the fundraising campaigns for the pizza parlor and wedding cake makers who have been attacked by liberals for their beliefs. Conservatives need to turn the tables on the left, and groups like HRC, and motivate companies to stop funding the liberal agenda through the power of their shopping habits."

Only nine companies have ranks of "five" or "four" on 2nd Vote's ranking system, indicating a pro-marriage perspective. They are outnumbered more than 10 to 1 by organizations that support redefining marriage.

Concerned citizens can download the app on 2nd Vote's website. The full list of corporation scores can be found here.

Advertisement
Featured Image
Shutterstock.com
Fr. Mark Hodges

First graders exposed to book about transgender boy—without parental notification

Fr. Mark Hodges
By Fr. Mark Hodges

KITTERY POINT, ME, May 1, 2015, (LifeSiteNews.com) – Parents at one Maine school are upset that children as young as six were exposed to a book promoting transgender issues, in the name of "acceptance."

Parents were not only not consulted, they were never even notified of their children's exposure to transgenderism.

Horace Mitchell Primary School read the book I Am Jazz to first-grade students. The book is about a boy who identifies as a girl from the age of two, "with a boy's body and a girl's brain." He eventually finds a doctor who tells his parents, "Jazz is transgender."

Parents began to inquire about what was being taught at Horace Mitchell Primary after children came home with questions about their own sex and wondering if they, too, might be transgender.

One mother, upset that teachers would broach the subject of transgenderism with her little boy, said the primary school ignored her complaint. "I feel like my thoughts, feelings and beliefs were completely ignored...My right as a parent to allow or not allow this discussion with my child was taken from me," she told Hannity.com.

"When I spoke with the principal he was very cold about it," the mother continued. "It's amazing how thoughtless the school has been with this whole thing."

Only after Sean Hannity made national inquiries did Horace Mitchell Primary School suggest that teachers should have told parents ahead of time.

Allyn Hutton, the superintendent of the local district, said she supported reading the book but admitted that parents should have been given advance warning about the subject matter. "We have a practice of – if a topic is considered sensitive – parents should be informed. In this situation, that didn't happen," she said. "We understand that toleration is tolerating people of all opinions."

Horace Mitchell Primary School sent an e-mail, after the fact, to concerned parents, including a link to a blog post of the school's guidance counselor, explaining their motivation was "cultivating respect."

"Some may think primary school students are too young to worry about addressing issues surrounding gay, lesbian, bisexual, transgender and questioning (LGBTQ) students. Not so, experts say,” the school's guidance counselor wrote. “It’s never too early to begin teaching children about respecting differences."

Homosexual activists say they support the teaching of transgenderism to first-graders, with or without parental notification. "The staff of Mitchell School is...shedding a light on [LGBTQ] issues,” said a column in Gay Star News.

The LGBT puublication goes even further, advocating homosexual propaganda be commonplace in elementary schools across the country. "LGBTQ issues should never be classified as a 'sensitive subject,' [because] there is nothing sensitive about the way we are born. Blonde hair, brown hair, gay, straight or somewhere in-between."

Brian Camenker of MassResistance commented on the infiltration of homosexual propaganda in children's schools. "We deal with parents and teachers a lot, and the idea that teachers would do this is unconscionable. It's like the people that promote this stuff are evil. It's demonic. You can't imagine adults that would do this to other people's children, and do it with such anger, and such vitrol.”

Camenker emphasized that this is “not an isolated incident with just one, rogue teacher. This happens because the whole administrative hierarchy buys into it.”

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

“The new generation of educators is very, very frightening,” he said.

Advertisement

Customize your experience.

Login with Facebook