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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TLC pulls ‘19 Kids and Counting’ from schedule following Duggar molestation allegations

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By Ben Johnson

SPRINGDALE, AR, May 22, 2015 (LifeSiteNews.com) – The television network TLC has removed the Duggar family's reality show, “19 Kids and Counting,” from its schedule, at least temporarily.

Multiple news outlets have confirmed that the show, featuring the large and expanding evangelical Christian family, will not be on the air until the network makes a final decision about the program's fate.

The network had previously removed “Here Comes Honey Boo Boo” from its network after “Mama June” Shannon had been seen associating with convicted child molester Mark McDaniel, possibly exposing her children to a sexual predator. Shannon has told the entertainment news outlet TMZ that she would sue the network for unfair and inconsistent treatment.

TLC has not made a final determination as of yet and aired a Duggar marathon Thursday evening as the controversy brewed.

Friday's move comes after media outlets obtained police records showing Josh Duggar, as a young teenager 12 years ago, inappropriately touched as many as five girls, often while they were sleeping. The police records show the incidents began in March 2002, the month the oldest Duggar child turned 14. He admitted the incident to his parents that July, but another incident took place in March 2003. At that time, the family sent him to a program that required counseling and hard physical labor.

Three years later, a letter containing details of the molestation was found, and its recipient notified police, who launched an investigation.

One of his victims told police, after Josh returned in July 2003, he had clearly “turned back to God.” No further incidents have been alleged.

Duggar's wife of six-and-a-half years, Anna, said Josh revealed the painful episode to her two years before they got engaged.

Since the allegations have been made public, Josh Duggar admitted his long ago wrongdoing, calling his teenage actions “inexcusable.” He also resigned his job at FRC Action, a pro-family lobbying organization.

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Some figures have offered the Duggars their reassurance that, whatever sins Josh committed as a teen, he can be – perhaps has been – forgiven by God.

Former Arkansas Gov. Mike Huckabee, now a presidential hopeful, said that Josh “and his family dealt with it and were honest and open about it with the victims and the authorities. No purpose whatsoever is served by those who are now trying to discredit Josh or his family by sensationalizing the story.”

He said those who leaked the story were motivated by “insensitive bloodlust” to destroy the Duggar family. “There was no consideration of the fact that the victims wanted this to be left in the past, and ultimately a judge had the information on file destroyed—not to protect Josh, but the innocent victims.”

God, Huckabee said, forgives all sins.

“In my life today, I am so very thankful for God’s grace, mercy and redemption,” Josh wrote.

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Rebecca Kiessling of Save the 1 - United States Steve Jalsevac/Vatican City
Rebecca Kiessling

I told her I was conceived in rape. She told me to prove I shouldn’t have been aborted.

Rebecca Kiessling
By Rebecca Kiessling

(Savethe1) - Why should I have to prove my worth and my right to life? When I first learned at the age of 18 that I was conceived in rape, I instantly felt targeted and devalued by our society because I’d heard what people said about pregnancy “in cases of rape.” Right away, I felt I was in a position where I would have to justify my own existence – that I would have to prove to the world that I shouldn’t have been aborted and that I was worthy of living.

I’ve since found my own value, identity and purpose in Christ, being created by God, in His image, and for a purpose, so I no longer feel I need to prove my worth to others in order to feel worthy. Instead, I share my worth out of gratitude for my own life being spared and in order that others may see the value of those who are still at risk – those who are in harm’s way as yet unborn and being targeted for abortion in the clinics, in legislation, and in people’s hearts and minds.

Whenever I speak, I share this aspect of my journey, but people are shocked to hear that I actually do get challenged to prove my value, to demonstrate my positive contribution to society and to justify my right not to have been aborted. This recent e-mail is a case in point. It was a tough inquiry to receive, but you’ll see my hopefully patient (and prayerful) responses below, and the ultimate outcome of the exchange:

I’m feeling sad and skeptical about rape babies.  I’d love to consider myself pro-life due to biblical reasons, but I just don’t really see what good can ever come out of a rape baby. I still think that it sometimes furthers the victimization of a rape victim. And it’s also because I’m very sad and disturbed by your blog.

I just think sometimes that it would be better if these babies never existed -- that every single one would naturally be miscarried by God’s will, so no one could bully them for their skeleton in their closet. Like I said, the subject manner disturbs me to the point where I vomit. I wish that every child was conceived in love and not violence because that's the way it should be. And I'm sad to say that the only way I could fully believe all of you rape mothers and children is if you were to pray for the peace of God that transcends all my futile understanding and my volatile, overly-sensitive emotions. 

There is no story in the whole world that can fully change my mind. The only way I could ever is if I were to befriend a victim or become the Bride of a man whom was the product of abuse. I'm so sorry to be brutally honest; it's just that my heart grieves to the point where I feel the struggle to overcome the sin of prejudice. I'm so angry at God that he allows this to occur.

Dear __, I appreciate you going to our blog and taking the time to reach out to us.  Your concerns are the most common, but research shows that rape victims are four times more likely to die within the next year after the abortion vs. giving birth. Dr. David Reardon's book Victims and Victors: Speaking Out About Their Pregnancies, Abortions and Children Resulting From Sexual Assault explains this.  So it's a myth which gets perpetuated -- that a rape victim would be better off after an abortion, that her child would be a reminder of the rape, and that she would even see her child as a "rape baby," as you put it.

I understand a lot of what you're saying.  You would definitely feel differently if you knew someone personally.  I wished I wasn’t conceived in rape, but I do believe now that God definitely brings good out of evil, and uses tragic situations to bring healing.  He doesn't intend the evil of course, but his trademark is redeeming really awful situations.

-- Rebecca

Her reply (again, challenging for me to read, but I think she candidly articulates a lot of what most people really wonder or think):

What has God done in your life personally besides this blog that has made your tragic family life worth the pain? Tell me what you have been doing: like marriage, dating, children, jobs, friendship, volunteer work; any of that. I am curious to see how God has given your life joy and purpose. I'm sorry if I have ever been difficult to handle. I'm emotionally impulsive when I hear something sad.

First of all, my birthmother and her husband legally adopted me 3-1/2 years ago because my adoptive family was really screwed up (long story of abuse and abandonment.) My own adoption by my birthmother was our fairy-tale ending.  She says I'm a blessing to her, I honor her and I bring her healing! I love adoption -- my two oldest are adopted (very open adoption,) and we adopted a baby with special needs -- Cassie -- who died in our arms at 33 days old. It was an honor to take care of her and was definitely one of the most important things I'd ever done in my life. She died because of medical malpractice.

Married for nearly 17 years, we have 5 children now – two adopted sons and our three biological daughters.  Here's my son's story. He wrote it last September at 12 years old.

Besides being the president and founder of Save The 1, I also co-founded Hope After Rape Conception. I'm a family law attorney, though I closed my law practice to have my children and to home school until 2-1/2 years ago.

I make baby quilts which I donate to pregnancy resource centers and I give to moms in unplanned pregnancies. My birthmother taught me to sew! I also taught my children to quilt, as well as many of my friends and their children. I've volunteered with orphan care, Sunday school, feeding the disadvantaged, free legal work, volunteer work for a maternity home, and helping in various ways with pregnancy resource centers. I changed the hearts of Gov. Rick Perry and Newt Gingrich on this issue during their presidential campaigns!

A large part of what I do is helping others to understand their value, identity and worth because lots of people struggle with these issues -- not just those conceived in rape. I hope this helps!  -- Rebecca

Her final response – from someone who said “there is no story in the world that can fully change my mind”: 

Dear Rebecca, thank you so much for your time to straighten out my emotional acting out -- I'm really glad you told me about your life. I really think I'll be okay now. I still wish that men wouldn't rape, but at least the world knows a lot more than they used to and I can say that I'm pro-life to my college professors without paranoia or anxiety. I even talked about helping people like you with my mom and dad. They told me I'm too sensitive in personality to be involved directly in domestic politics; yet, I'm praying about being a free English tutor for troubled families as well as being an anti-pornography informant or activist. After all, the porn industry has been statistically linked to the sexual violence pandemic. I'm so glad that you are living life well and to the best of your ability; keep telling people that just because your birth father was an evil scumbag doesn't mean that you are. Thanks Rebecca, you have really touched and strengthened my heart. With much sincerity.

 

BIO: Rebecca Kiessling was conceived in rape and nearly aborted, but legally protected by law in Michigan pre-Roe v Wade.  She's an attorney, pro-life speaker and blogger, and President of Save The 1. Her own website is www.rebeccakiessling.com

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Boy Scouts president: We need to allow open homosexual leaders

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By Dustin Siggins

May 22, 2015 (LifeSiteNews.com) – Boy Scouts of America president Robert Gates says the youth organization must change with the times and allow open homosexual men to serve as Scout leaders.

Gates, the former U.S. Secretary of Defense and CIA Director, said in a speech at the 2015 Boy Scouts of America (BSA) National Annual Meeting Thursday that the Boy Scouts would have to adjust to "the social, political, and juridicial changes taking place in our country -- changes taking place a pace this past year no one anticipated."

According to Gates, the way to balance the religious affiliations of "some 70% of our scout units" and avoid "a broad [court] ruling that could forbid any kind of membership standard" is to offer individual troops a flexible membership policy. 

"For me, I support a policy that accepts and respects our different perspectives and beliefs, allows religious organizations -- based on First Amendment protections of religious freedom -- to establish their own standards for adult leaders, and preserves the Boy Scouts of America now and forever."

"I truly fear that any other alternative will be the end of us as a national movement," said Gates, who said that BSA should "seize control of our own future, set our own course, and change our policy in order to allow charter partners -- unit sponsoring organizations -- to determine the standards for their Scout leaders."

This is not the first time that Gates, who led the military to end its two decades-long Don't Ask, Don't Tell policy, has supported gay Scout leaders. Last year, he said that he "would have supported having gay Scoutmasters, but at the same time, I fully accept the decision that was democratically arrived at by 1,500 volunteers from across the entire country."

In 2013, BSA allowed openly homosexual scouts for the first time. That policy reads: "No youth may be denied membership in the Boy Scouts of America on the basis of sexual orientation or preference alone,” and took effect on January 1, 2014.

A year ago, Gates said he "was prepared to go further than the decision that was made" to allow gay Scout members, but decided that "to try to take last year's decision to the next step would irreparably fracture and perhaps even provoke a formal, permanent split in this movement - with the high likelihood neither side would subsequently survive on its own."

This week, though, Gates said that "events during the past year have confronted us with urgent challenges I did not foresee and which we cannot ignore."

"We cannot ignore growing internal challenges to our current membership policy, from some councils... in open defiance of the policy," said Gates. 

However, Gates' remarks may have come too late to prevent internal challenges from splitting BSA. Due to the 2013 vote, a number of Scouting alternatives launched, including the organization Trail Life USA. The latter group says it aims "to be the premier national character development organization for young men which produces Godly and responsible husbands, fathers, and citizens." 

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In January, Trail Life USA said it has "over 540 Troops in 48 states and the registration of nearly 20,000 adults and boys..."

Furthermore, the decision by BSA to allow gay scouts has led to criticism from people on both sides of the debate. Homosexual activists say the group did not go far enough, whereas many Christian parents and organizations say BSA is bowing to public pressure from homosexual advocates to affect its membership, despite its Christian roots.

Corporate pressure has also been aggressive. Last year, Walt Disney World threatened to not allow employees to volunteer for BSA as part of its VoluntEARS program in 2015 if the organization does not allow gay Scout leaders. Diversity Inc. reports that Merck & Co., Ernst & Young, Major League Baseball, and AT&T are just some of the other companies that have pressured BSA to further change its policies.

LifeSiteNews asked BSA whether Gates' comments indicated support for a totally flexible scout leadership policy, or just related to gay scout leaders, as well as whether BSA would take a stand against state and local laws that deny First Amendment rights to people who oppose same-sex "marriage."

BSA declined to comment, telling LifeSiteNews in a statement: "Dr. Gates’s remarks speak for themselves. ... It is important to note that no decisions were made during the National Annual Meeting. A decision is expected no later than the Boy Scouts of America’s National Executive Board meeting in October."

A video of Gates' remarks is below. The comments about membership standards begin at 8:40.

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