Ben Johnson

, , ,

New HHS accommodation only ‘pretends to protect’ a select few, solves nothing: AUL legal assessment

Ben Johnson
Ben Johnson
Image

WASHINGTON, D.C., February 1, 2013, (LifeSiteNews.com) -- The Obama administration's new HHS birth control mandate regulations released today, and spun as a concession to religious freedom, barely change existing policy and may even have made things worse, according to an analysis released by Americans United for Life on Friday. The pro-life legal group notes that, in addition to failing to resolve the conscience concerns of religious employers, under the rules no business or individual opt out exists, although people do not cease to hold deeply compelling religious beliefs once they enter the workforce or marketplace. 

The hefty brief is the latest in a string of commentary rejecting the proposed accommodations which -- like a similar announcement last year -- were announced on a Friday morning and immediately supported by Planned Parenthood and NARAL.

The full AUL legal analysis is below:  

The Obama Administration has not substantively altered its assault on the First Amendment’s Freedom of Conscience.  Today’s notice of proposed rulemaking (NPRM) reiterates the Administration’s commitment to what is often referred to as the “HHS mandate”– its coercive policy of forcing coverage for life-ending drugs and devices.

In some significant ways, the Obama Administration’s NRPM is even narrower than the protections it had previously entertained as a possibility in its March 2012 Advance Notice of Proposed Rulemaking (ANPRM).

In the ANPRM, for example, the Obama Administration asked for input on whether for-profit employers with religious objections should be accommodated.  Today, they announced that for-profits with religious or moral objections—such as the Bible publisher Tyndale and family run businesses like Hobby Lobby—will absolutely not be afforded any conscientious protection.

The NRPM acknowledges that under the regulation issued by HHS in February 2012, if a church (that otherwise would have been exempted from the mandate) maintained a soup kitchen, or ran a parochial school, it could have been disqualified from the conscience protection because it served or hired persons regardless of their faith.  The NPRM states that this disqualification “was never [HHS’s] intention.” That, of course, is undermined by the fact that requiring organizations to be insular, and primarily serve and primarily hire persons of their own faith, were explicit requirements chosen by HHS.

While it is small step forward to drop the insularity requirements, the Obama Administration’s exemption still only applies to a very narrow category, and does not extend the guarantees of religious liberty and freedom of conscience to all Americans.

In fact, today’s announcement states that the Obama Administration will not, as it had previously considered, exempt or even “accommodate” an entire single group health plan of a church or religious organization, if each affiliated employer on the single group health plan does not independently meet the narrow requirements of the Obama Administration’s definitions.

The NPRM’s  proposed “accommodation” for only certain religious non-profits is also grossly inadequate.

Besides failing to consider for-profit employers and non-religiously affiliated non-profits whose pro-life consciences are nonetheless violated by the HHS mandate,  the NPRM is clear that “all references to ‘accommodation’ are references to an arrangement in which contraceptive coverage is provided…including objecting religious institutions of higher education.”  Accommodation does not mean an exemption.

The NRPM’s description of the “accommodation” as alleviating the conscience concerns of even the select few it pretends to protect requires a substantial amount of make-believe. Its argument that a “separate” contraceptive plan (that employees/students must be automatically enrolled in—there is no individual opt-out) will somehow not require the payment of either the enrollees or the “accommodated” religious non-profit, rests on the idea that it “is cost neutral because they would be insuring the same set of individuals under both policies...”  Put another way, it is only cost-neutral for the insurance company if both “separate” policies are considered.  In order to make the Obama Administration’s math for “free contraception” work, these insurance plans are not really distinct.

Importantly, the NPRM does nothing to correct the inappropriate inclusion of the abortion-inducing drug Ella in a provision of the Affordable Care Act that was intended to prevent diseases.  Forcing coverage for life-ending drugs and devices under the guise of “preventive care for women” is not achieving the goal of “public health and gender equality” announced in the NPRM.

The Obama Administration may hope that announcing its policies on a Friday afternoon will result in the American public either not noticing, or forgetting over the weekend.  However, 48 hours will not change the fact that the HHS mandate continues to violate protections in state and federal laws and the foundational American principle of Freedom of Conscience.

AUL developed an opt-out bill that has been used by eight of the 18 states that have opted-out of offering insurance plans that cover abortion in the state Exchanges required under Obamacare. AUL has also filed amicus briefs in the following on-going cases, arguing that parts of Obamacare are not Constitutional because of violations of First Amendment Conscience Rights: Belmont Abbey College v. Sebelius, Wheaton College v. Sebelius, Nebraska v. Sebelius, and O’Brien v. U.S. Department of Health and Human Services.  In addition, AUL filed a joint brief with other pro-life allies in United States Department of Health and Human Services v. Florida before the United States Supreme Court.

This analysis is reprinted with permission from Americans United for Life.

FREE pro-life and pro-family news.

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

Select Your Edition:


Share this article

Advertisement
Featured Image
Ben Johnson Ben Johnson Follow Ben

Congressman: Give us Nucatola or we’ll subpoena

Ben Johnson Ben Johnson Follow Ben
By Ben Johnson

WASHINGTON, D.C., July 23, 2015 (LifeSiteNews) - Dr. Deborah Nucatola has become awfully shy since she became the first national Planned Parenthood figure featured in an exposé of its practice of harvesting, and allegedly profiting from the sale of, the organs of aborted children. Within hours of the video release by the Center for Medical Progress, she removed her social media accounts. 

Now, she is considering dodging a call to testify before a Congressional committee investigating whether she admitted to breaking the law during her covertly recorded cameo with actors posing as agents of a human biologics company.

The House Energy and Commerce Committee called her to address the committee by month's end. 

Roger K. Evans, Planned Parenthood's Senior Counsel for Law and Policy, responded by saying that asking her to speak to Congress "no later than July 31 ... is short notice given the number of questions raised." 

He instead offered to substitute Dr. Raegan McDonald-Mosley in Nucatola's place.

Faced with the possibility that Planned Parenthood would refuse to send its star witness, at least one congressman has said he will take steps to ensure the abortion provider shows up.

Rep. Joe Pitts, R-PA, responded to Evans' letter by saying that the committee has called Dr. Nucatola to the witness stand before the end of the month, and she will comply or face the consequences.  

“If they say no, we’ll subpoena her,” the pro-life Republican said. 

The committee is focused on whether the process Dr. Nucatola - the doctor seen in the first video, eating salad and sipping wine - amounts to a violation of federal felony law forbidding the sale of human organs for "valuable consideration." 

Advertisement
Featured Image

Why selling ‘baby body parts’ has captured America’s attention (VIDEO)

By Pete Baklinski

WASHINGTON, D.C., July 23, 2015 (LifeSiteNews) - A key player in last week’s startling video exposé of Planned Parenthood says that it took 30 months of strategic planning from numerous pro-life organizations to give the story the hard-hitting power with which it has walloped the abortion industry over its practice of harvesting the body parts of aborted babies. 

“We are seeing the fruit of a lot of careful thought, a lot of disciplined activities, and a lot of undercover work,” Rev. Frank Pavone, executive director of Priests for Life, told LifeSiteNews in an interview in Washington. 

Since breaking Tuesday of last week, the story has trended first place in social media platforms such as Facebook and has been given top priority on mega news aggregation websites such as Drudge Report. The first of now two undercover videos has been viewed over 2.5 million times on YouTube. 

Pavone said that this is not the first time Planned Parenthood has faced the heat for what many considered to be a barbaric practice of harvesting human organs for profit. Similar investigations in the late 1990s into the practices of Planned Parenthood found that aborted babies were being dissected alive, harvested, and sold in pieces for research. 

“Now this is fresh evidence. Now this is evidence going to the highest levels of Planned Parenthood. We know that people at the national level of Planned Parenthood are aware of and are admitting that these baby body parts are being harvested, that transactions are taking place, that money is changing hands. And so, this is catching the attention of the American public because it brings the abortion issue down from the abstract level to the concrete,” he said. 

“This is not just about viewpoints, it’s about victims. It’s not just about beliefs, it’s about bloodshed. When people see and hear terms like ‘eyes, livers, hearts’ it’s like, ‘What are we talking about here? This is ghoulish disgusting activity,’” he said. 

Pavone praised pro-life activists such as Operation Rescue president Troy Newman and Life Dynamics president Mark Crutcher for helping the exposé along, giving “strategic input, guidance, and advice.” Pavone highlighted the hard work of lead investigator David Daleiden of the Center for Medical Progress for going undercover to film meetings with high profile Planned Parenthood employees and attending numerous Planned Parenthood conferences.

Pavone believes the story has received so much traction in social media outlets like Facebook because it gives people a platform to express outrage over the injustice of abortion in response to mainstream media’s unwritten rule of silence and apathy on abortion. 

Traditional media outlets are “in the pocket” of Planned Parenthood and the abortion industry, he said, adding that they “don’t want to say a bad word about Planned Parenthood.”

“Social media has become the engine for those who feel so frustrated that things we have known for years that the abortion industry is doing, and yet we can’t seem to get the word out, now these people are taking this and running with it. And I think you’re seeing years and even decades of frustration being channeled in productive ways to say, ‘We’ve got to shout this from the rooftops.’ And social media is the perfect rooftop,” he said. 

When asked what the undercover videos released so far reveal about the abortion industry and the people who work in it, Pavone responded: 

When an abortionist dehumanizes the baby that he or she is about to kill, the abortionist also dehumanizes himself. And this is what we are seeing in these people. We see it in Deborah Nucatola sipping the wine and eating the salad and talking about the body parts. We see it in the newest video [about] Dr. Mary Gatter. We saw it in [jailed abortionist] Gosnell.

What’s wrong with [these people]? There are two things wrong. Number one, these people are dehumanized. They are deeply damaged by the abortions they perform. Because when you perform your first abortion, a voice of protest rises up within you saying, ‘No. Stop. You can’t do this.’ But then if you ignore that voice, and go ahead and do that abortion, then the next time you have to explain to yourself, and to everybody else, why you ignored that voice. And so, the voice of protest gets buried under layer, and layer, and layer of excuses and rationalizations. And in doing that, you are becoming disconnected from your own conscience.

How can these people talk about this with apparent peace on their face? It’s because they are disconnected from themselves, from their own conscience.

Pavone said that new undercover videos to be released in the coming days will continue to shed light on the gruesome practices happening at Planned Parenthood abortion centers across the nation. 

“We want to defund Planned Parenthood and get them to stop what they are doing. This is a very concrete way of doing that. We want to end Planned Parenthood because they are the largest abortion business in the world, and we want that to stop,” he said. 

Already a Congressional investigation is underway, but so far, Planned Parenthood is refusing to cooperate with the demands of the Committee investigating. 

Advertisement
Featured Image
Shutterstock.com
Jonathon van Maren Jonathon van Maren Follow Jonathon

The Planned Parenthood scandal shows the power of exposing abortion’s grotesqueness

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

July 23, 2015 (UnmaskingChoice) -- If there’s one thing that confuses me about how many pro-lifers decide on strategies to change hearts and minds on abortion, it’s the fact that they seem to believe that we have to approach the most controversial issue there is without controversy—that somehow, we have to take an issue that people have incredibly strong feelings about and ensure that none of those feelings surface during a discussion.

As our postcard campaign nears our record-breaking mark of one million postcards delivered to one million homes, reactions have been widely varied—we have phone calls from people “horrified” by the postcard, who don’t seem to realize that the action depicted is much more horrifying. We have people who demand to know what they are supposed to say if their children see the picture of “the dead baby”—who don’t seem to realize that with their own words, they have admitted that we live in a country where dead babies are tossed in garbage cans behind government-funded clinics. We also have people who call us to thank us for the information, and express anger that such barbarism could be happening in Canada. We have people who phone to tell us that the postcard has changed their vote, and the votes of their neighbors. And we have people like the old man who wanted to shake my hand because he was encouraged to see that “some people cared about things.”

Huge numbers of Canadians have no idea that abortion decapitates, dismembers, and disembowels a pre-born human being. Huge numbers of Canadians are being exposed to that tragic and horrifying fact.

By the polling numbers, we see many people influenced against abortion—even if they don’t like us, the image stays with them, and they like abortion even less. Even if only ten percent of people were influenced against abortion because of postcards depicting abortion imagery, I would point out that that is still a far bigger number than any other pro-life strategy even claims to impact. For the first time, statistically significant portions of the population are being exposed to the reality of abortion—and they are reacting to that reality.

Pro-lifers are often tempted to run scared because they believe what the pro-abortion movement says about our best evidence—that it will “turn people” off. It will, of course. In the words of one abortion activist: “Your pictures turn people off of abortion.” If people get angry with us, but are still influenced against abortion, we have accomplished exactly what we set out to do. That being said, people only focus on the angry commenters that they see—a handful of social media posts, and the same tired news story from each and every single media outlet. I’m not sure if most journalists are unimaginative or just lazy, but most seem unwilling or incapable of even visiting a few websites and trying to find out what the rationale behind the strategy is. Most of them, I suspect, have pre-written stories and just call around to get the quotes they want. We know, for example, that reporters have specifically ignored people who have received the postcard and offered to comment positively—that is not, they openly say, the story they are looking for.

The abortion movement, on the other hand, can’t decide whether the imagery we use is extremely effective, or very ineffective. Canadian abortion blogger “Fern Hill” is usually babbling the talking points about how what we’re doing is so counter-productive, and that we’re obsessed with “gore porn,” and then calling us a bunch of names. (If pro-abortion groups really did believe that what we were doing strengthened support for abortion so much, I suspect that they’d be a lot less angry about what we’re doing—after all, we’re just doing their job!) But a couple of days ago, after responding to pictures of the dozens of lovely young women on our staff by snapping that they were all one unplanned pregnancy away from being pro-choice (such a depressing world these people live in), she tweeted an article at me that I found interesting.

Click "like" if you are PRO-LIFE!

It was a piece on David Daleidan of the Center for Medical Progress, the man behind the recent exposes of Planned Parenthood. He’s captured video of Planned Parenthood employees casually discussing not only the abortion procedure, but also how to best pillage the corpses of these dead children in order to sell their body parts for profit. The videos have horrified people across North America, and reaction has been swift. Amanda Marcotte, a pro-abortion blogger who often writes for Slate, has responded to the new scandal in an article called “Grossing people out can have short-term impact, but does it matter in the long-term?” She quotes Michelle Goldberg over at The Nation:

Further, it’s a way for the anti-abortion movement to focus the abortion debate on the graphic details of rare, late-term procedures, about which there is less public consensus than there is about early abortion. It serves the same purpose as the ban on so-called “partial-birth abortion,” and as blown-up pictures of bloody fetuses. It induces disgust, a very politically potent emotion, since most people associate things that are gross with things that are immoral. In his book The Righteous Mind: Why Good People Are Divided by Politics and Religion, Jonathan Haidt describes how researchers asked students at Cornell University to fill out surveys about their political attitudes while standing either near or far from hand sanitizer. Those standing closer to it became temporarily more conservative. If something that minor can affect people’s politics, then a video like this one is sure to have a visceral impact.

Amanda Marcotte goes on to say that while abortion imagery and exposes are very potent, that the impact of them is not long-lasting. Why? Because, she writes with hilarious immaturity, most things in life are gross—sex, going to the bathroom, surgery—and we all get over those things, don’t we? So surely abortion pictures will also be forgotten.

She’s forgetting something—abortion pictures aren’t powerful because they’re “gross.” Abortion pictures are powerful because they show the results of abortion—a dead, butchered human being. The power in the imagery is that people recognize that, and something in them responds to this injustice. It’s why even the people angry with our postcards have responded to the media by talking about the postcards depicting the “dead babies” or the “slain babies” or the “torn-up babies.” No-one thinks that what they’re looking at is a removed appendix. No one thinks that what they’re looking at is bodily waste. Everyone knows, almost immediately, that what they’re looking at is a dead human.

That is why the impact of abortion pictures doesn’t just disappear. One more piece of evidence? Almost everyone I know in the pro-life movement was convicted to join the pro-life fight because they saw a picture or a video of abortion, including myself. As Marcotte herself pointed out, that was what convicted David Daleidan as well. We now have over forty young people on our staff, all convicted by seeing what abortion does to babies and what they can do about it.

The movement is just getting started.

Reprinted with permission from the Canadian Centre for Bioethical Reform.

Advertisement

Customize your experience.

Login with Facebook