New HHS accommodation only ‘pretends to protect’ a select few, solves nothing: AUL legal assessment
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.
‘Little miracles’: Mom gives birth to naturally-conceived quintuplets after refusing ‘selective reduction’
AUSTRALIA, February 5, 2016 (LifeSiteNews) -- A 26-year-old Australian mom has given birth to five healthy babies, all conceived naturally, after refusing the doctor’s advice that she must abort three of them in order to give the remaining two a better chance at life.
“After my initial ultrasound I was told I could consider the selection method to give 2 babies the best chance in life,” wrote mom Kim Tucci in a Facebook post last September.
“I watched a YouTube video on the procedure and I cried. I could never do that! Was I selfish for not giving two the chance of 100% survival? All I knew is that I already love them and that every heart beat I heard I connect with them more. For me life starts when a heart starts beating and all I know for sure is that I will do whatever it takes to bring them into this world healthy,” she wrote.
Last Thursday Kim and her husband Vaughn welcomed the five new members into their family — one boy and four girls —increasing the number of their children from 3 to 8. The babies were born at 30 weeks, 10 weeks early, due to insufficient space in Kim’s womb. They weighed on average about 2.5 pounds.
The quintuplets’ story began last March, after Kim and Vaughn had been trying for six months to conceive just one more child for their family. Due to health complications, Kim wondered if she would ever become a mother again.
After what she thought was an extra long cycle, she decided to take a pregnancy test.
“I was feeling tired and a little nauseated and thought I would take a pregnancy test just to get the ‘what if’ out of my head. To my shock and utter excitement it was positive,” she wrote on a Facebook post.
The parents got the shock of their lives when doctors confirmed in an ultrasound examination that there was not one baby, but five.
“After a long wait for the ultrasound we finally went in. The sonographer told me there were multiple gestational sacks, but she could only see a heart beat in two. I was so excited! Twins!”
“I was moved to another machine for a clearer view and had the head doctor come in and double check the findings. She started to count, one, two, three, four, five. Did i hear that correctly? Five? My legs start to shake uncontrollably and all i can do is laugh. The sonographer then told me the term for five is ‘quintuplets,’” Kim wrote.
Even though Kim began to feel stretched to the limit with all those human lives growing inside her, she chose to focus on her babies, and not herself, referring to them as “my five little miracles.”
“It's getting harder as each day passes to push through the pain, every part of my body aches and sleeping is becoming very painful. No amount of pillows are helping support my back and belly. Sometimes I get so upset that I just want to throw my hands up and give in.”
“Sometimes my pelvis becomes so stiff I can barely walk and my hips feel like they are grinding away constantly. I'm finding it hard to eat as I basically have no room left in my stomach, and the way it is positioned it's pushed all the way back with the babies leaning against it.”
“My skin on my belly is so stretched its painful and hot to touch. It literally feels like I have hives! No amount of cream helps relieve the discomfort. I have a lot of stretch marks now. Dealing with such a huge change in my body is hard.”
“Is it all worth it? Yes!!!! I will keep pushing through,” she wrote in one Facebook post days before the babies were born.
The newborns' names are Keith, Ali, Penelope, Tiffany, and Beatrix. They were born at King Edward Memorial Hospital in Subiaco, Western Australia. Mother and babies are reported to be doing well.
UN rights chief tells Catholic countries to legalize abortion over Zika virus: bishops and cardinal react
GENEVA, February 5, 2016 (LifeSiteNews) -- The United Nations, following the lead of international abortion activists, is now urging Latin American countries hit by the mosquito-borne Zika virus to lift restrictions on abortion for pregnant women who have contacted the virus and whose pre-born children may be at risk for birth defects, including having smaller than normal heads.
The UN human rights office said today that it is not enough for South American countries to urge women to postpone pregnancy without also offering them abortion as a final solution.
“How can they ask these women not to become pregnant, but not offer… the possibility to stop their pregnancies?” UN spokeswoman Cecile Pouilly told reporters.
UN human rights chief Zeid Ra’ad al-Hussein said that governments should make available contraception and abortion services.
“Laws and policies that restrict (women’s) access to these services must be urgently reviewed in line with human rights obligations in order to ensure the right to health for all in practice,” he said.
But Brazil’s bishops strongly asserted yesterday that efforts should be made to eradicate the virus, not the people who may be infected by it.
The disease is “no justification whatsoever to promote abortion,” they said in a statement, adding that it is not morally acceptable to promote abortion “in the cases of microcephaly, as, unfortunately, some groups are proposing to the Supreme Federal Court, in a total lack of respect for the gift of life.”
Honduras Cardinal Oscar Rodriguez Maradiaga has also come out strongly against the notion of “therapeutic abortions” as a response to the problem. Unlike Brazil where abortion is legal in the case of rape or health of the mother, abortion remains entirely illegal in Honduras.
“We should never talk about ‘therapeutic’ abortion,” the cardinal said in a homily at a February 3 Mass in Suyap. “Therapeutic abortion doesn’t exist. Therapeutic means curing, and abortion cures nothing. It takes innocent lives,” he said.
While the World Health Organization (WHO) declared an international public health emergency February 1 on account of concerns over the virus, critics have pointed out, however, that not one death as resulted from the virus. Even on WHO’s own website the virus is described in mild terms.
“It causes mild fever and rash. Other symptoms include muscle pain, joint pain, headache, pain behind the eyes and conjunctivitis. Zika virus disease is usually mild, with symptoms lasting only a few days,” the website states. “To date, there have been no reported deaths associated with Zika virus,” it added.
Critics suspect that the crisis is being manipulated to advance an anti-human agenda on the pre-born.
“Is Zika, actually, a hideous virus that threatens to spread uncontrollably across the world creating an army of disabled children with tiny heads and low IQ’s? Or might this be a willful misinterpretation of the scarce data to manipulate public opinion and legislatures?” wrote pro-life critic Mei-Li Garcia earlier this week.
“It becomes very clear that the publicity surrounding this story has a very little to do with medicine and a lot to do with a convenient crisis that is being used by those pushing for the legalization of abortion around the world,” she wrote.
Hillary’s litmus test for Supreme Court picks: They must ‘preserve Roe v. Wade’
DERRY, NH, February 5, 2016 (LifeSiteNews) - Hillary Clinton has a litmus test for Supreme Court nominees - several, in fact. At a Democratic event on Wednesday, Clinton unveiled her criteria in selecting a judge for the nation's highest court.
“I do have a litmus test, I have a bunch of litmus tests," she said.
"We’ve got to make sure to preserve Roe v. Wade, not let it be nibbled away or repealed,” she said.
That echoes her recent call to arms speech before Planned Parenthood last month, when she stated that taxpayers must fund abortion-on-demand in order to uphold the "right" of choice.
“We have to preserve marriage equality,” Clinton said, referring to last summer's Obergefell v. Hodges case, a 5-4 ruling that redefined marriage nationwide. “We have to go further to end discrimination against the LGBT community."
Her views differentiate her from the Republican front runners. Ted Cruz has called the court's marriage ruling "fundamentally illegitimate," and Donald Trump told Fox News Sunday this week that he would "be very strong on putting certain judges on the bench that I think maybe could change things." Marco Rubio has said he won't "concede" the issue to the one-vote majority.
All Republican presidential hopefuls say they are pro-life and will defund Planned Parenthood.
Her husband, Bill Clinton, raised the makeup of the Supreme Court early last month in New Hampshire, saying it receives "almost no attention" as a campaign issue.
On Wednesday, Hillary said "the next president could get as many as three appointments. It’s one of the many reasons why we can’t turn the White House over to the Republicans again.”
Clinton said her judicial appointees must also reverse the Citizens United ruling on campaign finance and oppose a recent decision striking down a portion of the 1965 Voting Rights Act. In 2013's Shelby County v. Holder, justices struck down Section 4(b) of the act, which said that certain states and jurisdictions had to obtain permission from the federal government before changing their voting laws.
At one time, most politicians frowned upon any "litmus test" for judicial nominees, emphasizing the independence of the third branch of government. "I don't believe in litmus tests," Jeb Bush told Chuck Todd last November.
But with the rise of an activist judiciary in the middle of the 20th century, constitutionalists have sought to rein in the power of the bench.