Gerard V. Bradley

What’s behind the HHS mandate?

Gerard V. Bradley
By Gerard Bradley
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June 13, 2012 (thePublicDiscourse.com) - What do the University of Notre Dame, EWTN, and the Archdiocese of New York have in common?

More than you probably think. Each is a Catholic institution, of course. Each is also suing the Obama Administration over the HHS “contraception” mandate. Each is going to be spared the Hobson’s choice between complying with the mandate and betraying its mission if any one of four possible scenarios comes to pass. Each nonetheless continues to stand in grave peril of institutional martyrdom.

The first scenario will play out by June 29, the last day of the current Supreme Court term. If the Court throws out the whole Patient Protection and Affordable Care Act (PPACA), the mandate will go with it. The reason is not that the pending decision is about contraception or religious liberty. It is that the mandate depends entirely for its force upon the survival of PPACA.

The second scenario will go down on November 6. If Mitt Romney is then elected our next president, you can be sure that he will soon thereafter announce his intention to rescind the mandate.

The chances that one of these two scenarios will occur are pretty high. The chances that the Obama administration will fare poorly in the pending lawsuits (by Cardinal Dolan, et al.) are pretty high, too. When those dim prospects become apparent to the administration, it is likely—and this is the third scenario—to invite the complaining Catholic institutions to the bargaining table, to significantly expand the current wafer-thin exemption from the mandate. But if the administration imprudently digs in its heels, some time in 2014 the Supreme Court is likely to rule that the exemption must be expanded in order to comply with the Religious Freedom Restoration Act. That would be scenario number four.

Because it is almost certain that at least one of these possibilities will come to be, the day of reckoning for Notre Dame, Mother Angelica, and Cardinal Dolan will be postponed.

I say “postponed,” and not “canceled,” advisedly. The ideological commitments that have emboldened the Obama administration about contraception are deeply held. They are held to be very important. They are resilient. They are not limited to the reproductive rights supposedly protected by access to contraception, even when contraception is broadly defined to include abortifacient drugs. These deep convictions about liberty and equality and religion entail trouble for religious liberty, no matter which exit route the present mandate takes.

I say “entail” advisedly, too. Religious liberty in the new dispensation is derivative of these deeper moral and (as we shall see) epistemological commitments. Religious liberty is, from this point of view, an afterthought, a residue which is unfortunately too vaporous to protect Catholic institutions from existential crises.

What are these ideological commitments? There are three of special note.

The first is dedication to advancing the ideology of “equal sexual liberty.” This powerful complex of ideas comes in both straight and “gay” versions.

When President Obama announced his phony “compromise” about the mandate on February 10, he plainly stated what the mandate was for: “Every woman should be in control of the decisions which affect her health. Period.” Given the context of these remarks, Obama meant, specifically, what is usually called “reproductive health.” His overriding commitment to this reproductive health—evidenced by, for example, the “contraception” mandate—presupposes that women will and should have lots more sexual intercourse than they have interest in conceiving children. According to this widespread view, sexual license should never impede a woman’s lifestyle, at least no more than it does a man’s. Marking the most recent anniversary of Roe v. Wade, the President said that “our daughters must have the same opportunities as our sons.” Obama’s notion of equal opportunity extends to the bedroom as well as to the boardroom.

Catholic Charities in Boston and Washington, D.C., already have been martyred by the “gay” version of “equal sexual liberty.” They were obliged to abandon their adoption charities when public authority refused to accommodate their objections to same-sex “marriage.” Right now, Catholic schools in Ontario are being bullied by an “anti-bullying” law that compels parochial schools to set up “Gay-Straight Alliances.” These clubs would contradict the sexual morality that every Catholic institution is obliged before God and the Church to teach, by word and by deed. Were they to comply with this “bullying” law, Ontario’s Catholic schools could not give the perspicuous witness to the faith that is their raison d’etre, just as America’s Catholic schools could not, were they to comply with the Obama Administration’s “contraception” mandate.

This far into the Age of Aquarius, no more needs to be said about the meaning and seductive appeal of “equal sexual liberty.” It is the emerging public orthodoxy about where sexual satisfaction, expression, and identity fit into the good life, and about the government’s responsibilities to establish conditions that make this life achievable for all with ease. This orthodoxy commands the cultural heights and has achieved ascendancy in the academy. We are in the midst of a high-stakes fight over its grip on our law. The outcome of this battle is in doubt.

It is easy to see already that “equal sexual liberty” is a natural predator of Catholic institutions, which are standing contradictions of almost all that the new orthodoxy proposes. What is not so apparent, however, is why the new orthodoxy has so totally eclipsed considerations of conscience, tolerance, and liberty in the thinking of self-identifying liberals such as Barack Obama. It is scarcely surprising that he and other like-minded officials are beguiled by “equal sexual liberty.” It is nonetheless curious that they should so remorselessly subordinate religious liberty to the new ideological colossus. One would think that our cherished “first freedom” would have a bit more staying power.

Looking at what Obama and like-minded folks think about religion dispels the curiosity. I do not mean here to consider their opinion about the value of religion, which value Obama (for example) affirms to be very high. I refer instead to their understanding of religion’s relationship to certain strategic moral propositions, and to the truth-value of religious claims as such.

Hence, the second ideological commitment is to treat the moral propositions that undergird the conservative alternative to “equal sexual liberty” as subjective religious beliefs incapable of rational defense. These include the propositions that people begin at fertilization; that marriage is strictly limited to the union of man and woman; and that the norms of sexual morality are many and that they are rooted in the marital relation. These propositions combine to refute the emerging orthodoxy of “equal sexual liberty.” Being propositions about morality, moreover, they are asserted by their adherents as truths of reason, albeit truths that are confirmed by religious authorities and by revelation.

Promoters of the new orthodoxy nonetheless boldly declare these claims to be “religious beliefs,” tout court. They just as boldly declare that, because they are “religious beliefs,” these claims are rationally indefensible. They may be held by the faithful as if they are genuine truths. But in reality these putative truths are subjective projections, verbal formulae which may function as the ligaments of a community, as so many fallible and revisable expressions of the ineffable depths of spiritual experience. They are badges of individual or religious communal identity. Because they are rationally indefensible, they are to be perceived and to be treated by outsiders as prejudice. Religious “doctrine” is thus a species of bias. So, the Church’s moral condemnation of sodomy and opposition to same-sex “marriage” amount to hallowed homophobia.

The third commitment is to identify the public value of institutional ministries, such as Catholic Charities and Saint-Somebody Hospital, entirely with the “secular” services they offer. Adherents of the new orthodoxy can and often do recognize the value of these organizations’ religious identity—to the religious people who staff them. Anyone can see that religion supplies added motivation, enthusiasm, and meaning to many of those working in these ministries. But these peculiar satisfactions are construed by the new orthodox to be private; they are personal delights that do not register as any sort of public good. The public value of these ministries is comprised of just so many hot lunches prepared, heart bypasses performed, and reading competency tests passed. Viewed from the public square, then, these organizations’ religious character is invisible. Being invisible, it cannot have measurable value. Having no detectable value, it cannot serve to justify any allowance that would impair the government’s provision of conditions conducive to “equal sexual liberty.” So, exempting Catholic Charities from placing kids with a “gay” couple is a concession to private bias that is productive only of public mischief, insult, net loss.

An English Law Lord recently expressed this sum of the three orthodox commitments, in a case where he denied relief to a relationship counselor who could not in good conscience endorse the sexual activities of same-sex couples. Lord Justice Laws declared that any exemption would be “unprincipled,” for it would not “advance the general good on objective grounds, but … give effect to the force of subjective opinion.” How so? Laws asserted that it “must be so, since in the eye of everyone save the believer religious faith is necessarily subjective, being incommunicable by any kind of proof or evidence. It may of course be true; but the ascertainment of such a truth lies beyond the means by which laws are made in a reasonable society.” Against the demands of “equal sexual liberty” for homosexuals and lesbians, solicitude for the opaque commitments of the religious subject count for nothing.

It is natural, and right, to say that the HHS mandate undermines religious liberty. But it is important to add that this argument about religious liberty is more about the adjective than it is the noun. It is chiefly an argument about whether religion is about reality, truth, the way the cosmos is really structured, or whether it is about the byways of an individual’s psyche.

Gerard Bradley is Professor of Law at Notre Dame Law School and a senior fellow of the Witherspoon Institute. This article reprinted with permission from thepublicdiscourse.com.

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Lisa Bourne

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Pressure mounts as Catholic Relief Services fails to act on VP in gay ‘marriage’

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By Lisa Bourne
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Rick Estridge, Catholic Relief Services' Vice President of Overseas Finance, is in a same-sex "marriage," public records show. Twitter

BALTIMORE, MD, April 24, 2015 (LifeSiteNews.com) -- Nearly a week after news broke that a Catholic Relief Services vice president had contracted a homosexual “marriage” while also publicly promoting homosexuality on social media in conflict with Church teaching, the US Bishops international relief agency has taken no apparent steps to address the matter and is also not talking.

CRS Vice President of Overseas Finance Rick Estridge entered into a homosexual “marriage” in Maryland the same month in 2013 that he was promoted by CRS to vice president, public records show.

Despite repeated efforts at a response, CRS has not acknowledged LifeSiteNews’ inquiries during the week. And the agency told ChurchMilitant.com Thursday that no action had been taken beyond discussion of the situation and CRS would have no further comment.

"Nothing has changed,” CRS Senior Manager for Communications Tom said. “No further statement will be made."

LifeSiteNews first contacted CRS for a response prior to the April 20 release of the report and did not receive a reply, however Estridge’s Facebook and LinkeIn profiles were then removed just prior to the report’s release.

CRS also did not acknowledge LifeSiteNews’ follow-up inquiry later in the week.

“Having an executive who publicly celebrates a moral abomination shows the ineffectiveness of CRS' Catholic identity training,” Lepanto Institute President Michael Hichborn told LifeSiteNews. “How many others who hate Catholic moral teaching work at CRS?”

CRS did admit it was aware Estridge was in a “same-sex civil marriage” to Catholic News Agency (CNA) Monday afternoon, and confirmed he was VP of Overseas Finance and had been with CRS for 16 years.

“At this point we are in deliberations on this matter,” Price told CNA that day.

ChurchMilitant.com also reported that according to its sources, it was a well-known fact at CRS headquarters in Baltimore that Estridge was in a homosexual “marriage.” 

“There is no way CRS didn't know one of its executives entered into a mock-marriage until we broke the story,” Hichborn said. “The implication is clear; CRS top brass had no problem with having an executive so deliberately flouting Catholic moral teaching.”

“The big question is,” Hichborn continued, “what other morally repugnant matters is CRS comfortable with?”

While the wait continues for the Bishops’ relief organization to address the matter, those behind the report and other critics of prior instances of CRS involvement in programs and groups that violate Church principles continue to call for a thorough and independent review of the agency programs and personnel.

“How long should it take to call an employee into your office, tell him that his behavior is incompatible with the mission of the organization, and ask for his resignation?” asked Population Research Institute President Steven Mosher. “About thirty minutes, I would say.”

“The Catholic identity of CRS is at stake,” Hichborn stated. “If CRS does nothing, then there is no way faithful Catholics can trust the integrity of CRS's programs or desire to make its Catholicity preeminent.” 

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Thousands of marriage activists gathered in D.C. June 19, 2014 for the 2nd March for Marriage. Dustin Siggins / LifeSiteNews.com
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Watch the March for Marriage online—only at LifeSiteNews

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WASHINGTON, D.C., April 24, 2015 (LifeSiteNews.com) -- At noon on Saturday, the National Organization for Marriage (NOM) and dozens of cosponsors, coalition partners, and speakers will launch the third annual March for Marriage. Thousands of people are expected to take place in this important event to show the support real marriage has among the American people.

As the sole media sponsor of the March, LifeSiteNews is proud to exclusively livestream the March. Click here to see the rally at noon Eastern Time near the U.S. Capitol, and the March to the Supreme Court at 1:00 Eastern Time.

And don't forget to pray that God's Will is done on Tuesday, when the Supreme Court hears arguments about marriage!

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Hillary Clinton: ‘Religious beliefs’ against abortion ‘have to be changed’

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By Ben Johnson

NEW YORK CITY, April 24, 2015 (LifeSiteNews.com) – Speaking to an influential gathering in New York City on Thursday, Hillary Clinton declared that “religious beliefs” that condemn "reproductive rights," “have to 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,” Hillary told the Women in the World Summit yesterday.

Liberal politicians use “reproductive health” as a blanket term that includes abortion. However, Hillary's reference echoes National Organization for Women (NOW) president Terry O’Neill's op-ed from last May that called abortion “an essential measure to prevent the heartbreak of infant mortality.”

The Democratic presidential hopeful added that governments should throw the power of state coercion behind the effort to redefine traditional religious dogmas.

“Rights have to exist in practice, not just on paper. Laws have to be backed up with resources, and political will,” she said. “Deep-seated cultural codes, religious beliefs, and structural biases have to be changed.”

The line received rousing applause at the feminist conference, hosted in Manhattan's Lincoln Center by Tina Brown.

She also cited religious-based objections to the HHS mandate, funding Planned Parenthood, and the homosexual and transgender agenda as obstacles that the government must defeat.

“America moves ahead when all women are guaranteed the right to make their own health care choices, not when those choices are taken away by an employer like Hobby Lobby,” she said. The Supreme Court ruled last year that closely held corporations had the right to opt out of the provision of ObamaCare requiring them to provide abortion-inducing drugs, contraceptives, and sterilization to employees with no co-pay – a mandate that violates the teachings of the Catholic Church and other Christian bodies.

Clinton lamented that “there are those who offer themselves as leaders...who would defund the country's leading provider of family planning,” Planned Parenthood, “and want to let health insurance companies once again charge women just because of our gender.”

“We move forward when gay and transgender women are embraced...not fired from good jobs because of who they love or who they are,” she added.

It is not the first time the former first lady had said that liberal social policies should displace religious views. In a December 2011 speech in Geneva, then-Secretary of State Hillary Clinton said perhaps the “most challenging issue arises when people cite religious or cultural values as a reason to violate or not to protect the human rights of LGBT citizens.” These objections, she said, are “not unlike the justification offered for violent practices towards women like honor killings, widow burning, or female genital mutilation.”

While opinions on homosexuality are “still evolving,” in time “we came to learn that no [religious] practice or tradition trumps the human rights that belong to all of us.”

Her views, if outside the American political mainstream, have been supported by the United Nations. The UN Population Fund stated in its 2012 annual report that religious objections to abortion-inducing drugs had to be overcome. According to the UNFPA report, “‘duty-bearers’ (governments and others)” have a responsibility to assure that all forms of contraception – including sterilization and abortion-inducing ‘emergency contraception’ – are viewed as acceptable – “But if they are not acceptable for cultural, religious or other reasons, they will not be used.”

Two years later, the United Nations' Committee on the Rights of the Child instructed the Vatican last February that the Catholic Church should amend canon law “relating to abortion with a view to identifying circumstances under which access to abortion services may be permitted.”

At Thursday's speech, Hillary called the legal, state-enforced implementation of feminist politics “the great unfinished business of the 21st century,” which must be accomplished “not just for women but for everyone — and not just in far away countries but right here in the United States.”

“These are not just women's fights. These have to be America's fights and the world's fights,” she said. “There's still much to be done in our own country, much more to be done around the world, but I'm confident and optimistic that if we get to work, we will get it done together.”

American critics called Clinton's suggestion that a nation founded upon freedom of religion begin using state force to change religious practices unprecedented.

“Never before have we seen a presidential candidate be this bold about directly confronting the Catholic Church's teachings on abortion,” said Bill Donohue of the Catholic League.

“In one sense, this shows just how extreme the pro-abortion caucus actually is,” Ed Morrissey writes at HotAir.com. “Running for president on the basis of promising to use the power of government to change 'deep seated cultural codes [and] religious beliefs' might be the most honest progressive slogan in history.”

He hoped that, now that she had called for governments to change religious doctrines, “voters will now see the real Hillary Clinton, the one who dismisses their faith just the same as Obama did, and this time publicly rather than in a private fundraiser.”

Donohue asked Hillary “to take the next step and tell us exactly what she plans to do about delivering on her pledge. Not only would practicing Catholics like to know, so would Evangelicals, Orthodox Jews, Muslims, and all those who value life from conception to natural death.”

You may watch Hillary's speech below.

Her comments on religion begin at approximately 9:00. 

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