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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‘It’s another boy!’: 4th video goes into heart of Planned Parenthood fetal body parts lab

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By Pete Baklinski

Urgent: Sign the petition demanding that Congress investigate and defund Planned Parenthood here

July 30, 2015 (LifeSiteNews) – Workers in a lab are seen sorting through body parts on a dish: a heart, stomach, kidney, and legs.

And then a medical assistant suddenly announces: "It's another boy!"

This is just a little of the macabre and heart-wrenching footage in the newest undercover video showing alleged harvesting and sale of body parts from aborted babies by Planned Parenthood, released Thursday morning.

The newest video also shows a Planned Parenthood medical director negotiating a fetal body parts deal while agreeing to prices for harvested parts, and suggesting ways to avoid legal consequences.

"For anyone with a conscience, the video's entire fetal organ scene is wrenching -- to the gut as well as the heart. It hearkens us back to the days of Joseph Mengele or Kermit Gosnell, who both coldly killed and dissected children without remorse," said Operation Rescue President Troy Newman, in a press release.

The video takes the viewer into Planned Parenthood of the Rocky Mountains, where Vice President and Medical Director Dr. Savita Ginde discusses with actors posing as representatives from a human biologics company a potential partnership to harvest fetal organs.

When one of the actors posing as a buyer asks the doctor if “compensation could be specific to the specimen?” Ginde agrees. As the camera travels to the abortion clinic’s pathological laboratory to reveal the aftermath of a real abortion of a baby boy, Ginde tells the buyer that the abortion clinic would rather receive payment per body part harvested, rather than a standard flat fee for the entire case.

“I think a per-item thing works a little better, just because we can see how much we can get out of it,” she is heard saying on the video.

Planned Parenthood hit national headlines last month after undercover videos released by the pro-life group Center for Medical Progress (CMP) showed top officials from the nation’s largest abortion provider discussing the sale of body parts harvested from babies aborted at their facilities. Those behind the undercover videos say that selling the body parts for profit is a violation of federal law.

Yesterday, the California Superior Court issued a narrow temporary restraining order preventing CMP from releasing further undercover video footage involving top-level staff of StemExpress, the company that purchases the body parts from Planned Parenthood. 

Project Lead David Daleiden is using the fourth video to call for an immediate ending to Planned Parenthood’s funding.

“Elected officials need to listen to the public outcry for an immediate moratorium on Planned Parenthood’s taxpayer funding while the 10 state investigations and 3 Congressional committees determine the full extent of Planned Parenthood’s sale of baby parts.”

“Planned Parenthood’s recent call for the NIH to convene an expert panel to ‘study’ fetal experimentation is absurd after suggestions from Planned Parenthood’s Dr. Ginde that ‘research’ can be used as a catch-all to cover-up baby parts sales. The biggest problem is bad actors like Planned Parenthood who hold themselves above the law in order to harvest and make money off of aborted fetal brains, hearts, and livers,” he said. 

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"It really stretches credibility to say that Bush or his people wouldn’t have known that the foundation pushes abortion and other population control efforts," said Stephen Phelan of HLI Andrew Cline / Shutterstock.com
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Jeb Bush was director of philanthropy that gave tens of millions to Planned Parenthood

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By Ben Johnson

Analysis

NEW YORK, July 30, 2015 (LifeSiteNews) - Until the eve of his presidential campaign, Jeb Bush was director of a philanthropy that gave tens of millions of dollars to Planned Parenthood and financed its advocacy of "unrestricted access to abortion" around the world. The charity also approved money to global abortion providers while he sat on its board.

In 2010, Jeb was named one of the founding directors of the Bloomberg Family Foundation, established as a tax-exempt foundation to advance the vision of former New York City Mayor Michael Bloomberg. He resigned from the board at the end of 2014 to prepare his presidential campaign.

While a Bush spokesman has responded to concerns by saying that Bush would not have voted on every initiative of the foundation, a pro-life leader told LifeSiteNews it "stretches credibility" that Bush was unaware of the foundation's pro-abortion work, given the centrality of such work to the foundation's mission, and its scope.

LifeSiteNews reached out to Bush for comment, but did not hear back by press time. 

$50 million to 'reproductive health' and Planned Parenthood

In March of 2014, the Bloomberg Philanthropies announced a $50 million undertaking to expand "reproductive health," including lobbying foreign nations to loosen restrictions on abortion.

Bloomberg announced a major partnership with Planned Parenthood-Global to train and equip abortion activists in pro-life countries.

"In 2014, we started supporting local nonprofit organizations in Burkina Faso, Senegal, Uganda, and Nicaragua to advocate for better policies in their countries that will expand access to comprehensive reproductive health services," the foundation stated. "These organizations will receive technical assistance from Planned Parenthood Federation of America – Global Division to help augment their capacity for effective advocacy." 

Planned Parenthood President Cecile Richards greeted the news by saying that "governments need to play a stronger role to ensure that all women have access to the health care they need" - including abortion - "no matter who they are, no matter where they live.”

Bloomberg clarified how the partnership would work while receiving Planned Parenthood's Global Citizen Award at its annual gala last March 27.

"We'll Push for Less Restrictive Abortion Laws"

"I am happy to say our major partner in this project will be Planned Parenthood - Global," Bloomberg said. "In some countries, our funding will help advocates work towards better sexual health policies for teens and better access to contraceptives. In others, we'll help push for less restrictive abortion laws and more government funding for high-quality, accessible services."

Such advocacy was "necessary," he continued, because "there are plenty of outside interest groups funding the other side of these issues, and we cannot let them go unanswered."

"This is a fight to women control their own destinies," Bloomberg said. "And let me tell you: We are in it to help them win it, and we're gonna stay in it until they do."

"Together we can succeed," he concluded. "Thank you for this award. God bless."

As head of a foundation with $5.4 billion in assets, which awards more than $200 million a year, the three-term mayor of New York has put his money where his mouth is.

Funding Global Abortion Providers

One aspect of his philanthropy's overall health initiative is to underwrite "reproductive health services in the most remote areas of" Tanzania. Although all grants say they are intended "to reduce maternal deaths," alongside the CDC and the World Lung Foundation, Bloomberg Philanthropies has funded two abortion providers.

In 2013, Bloomberg Philanthropies approved a  a grant of $1,818,000 for EngenderHealth, and another $250,000 for Marie Stopes International - Tanzania.

"EngenderHealth works to ensure reproductive rights of Tanzanian women and their families by integrating family planning with HIV and comprehensive abortion care services," the group states on its website. 

The group also touts the fact that its expansion to all 26 regions of the country "has also contributed to an increase in uptake of long-acting and reversible methods," especially Implanon. Long-Acting Reversible Contraceptives (LARCs) work both by preventing conception and by "alterations in the endometrium," which can cause an early abortion by preventing implantation.

Marie Stopes is known as a global abortion provider. MSI states that it only provides "post-abortion care" in Tanzania, where abortion is legal only to save the life of the mother.

But Marie Stopes officials have admitted that the group performs illegal abortions. 

"We do illegal abortions all over the world," Paul Cornellison, the director of Marie Stopes International in South Africa, said during a Marie Stopes International conference in 2007 in London - remarks that were caught on film. "There's various options, you know, once we open a center there...if we can just get our foot in the door." 

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In other nations, Bloomberg has supported advocates of unlimited, universal abortion-on-demand.

"Abortion services should be made free...for all women and girls"

Bloomberg Philanthropies underwrites political advocacy in African and Central American nations whose laws reflect the pro-life outlook of its citizens. The International Planned Parenthood Federation (IPPF) offers a glimpse into what international abortion lobbyists demand.

Between 2012 and 2014, IPPF wrote a 32-page case study on the Senegalese legal landscape, entitled Over-Protected and Under-Served. While numerous participants told researchers that abortion is "easy" to obtain and “lots of young people are having clandestine abortions,” IPPF focused on promoting "safe" abortion -- while making clear that such laws were only one components of its overall mission. 

"Advocacy efforts should focus on realizing the ultimate goal of unrestricted access to abortion services, and protection of this right under the law. Abortion services should be made free, safe, accessible and confidential for all women and girls," the report states.

The abortion industry signaled it rejects incremental aims to achieve the eventual recognition of abortion as a human right. "Anything other than full decriminalization will often lead to abortion remaining inaccessible to all but a very small number of women," the report says.

The task of pressuring government officials will fall to local activists in the nations targeted by Bloomberg because, in the words of Kelly Henning, the head of the public health program at Bloomberg Philanthropies, "We want this effort to be sustainable." 

If the effort fails, it will not be for lack of resources. In a separate component of its reproductive health plan, Bloomberg partnered with the Bill and Melinda Gates Foundation to enact Family Planning 2020's global reproductive and population goals.

Is Jeb "Ultimately Accountable"?

The association with Bloomberg conflicts with Jeb's record as a two-term pro-life governor of Florida who enacted parental consent laws, allowed the regulation of abortion facilities, did not allow state funds to be used for abortion counseling, and created the state's "Choose Life" license plate.

As one of more than a dozen directors - which include such distinguished names as former Sens. Sam Nunn and David Boren, currently Sen. Cory Booker, and former Bush-43 officials Elaine Chao and Hank Paulson - what responsibility does the former Florida governor bear?

The issue bubbled up in April, giving his yet-unannounced campaign an opportunity to respond.

“Governor Bush was honored to serve on the board of Bloomberg Philanthropies, which does a lot of good work across the world,” Bush spokeswoman Kristy Campbell told the Tampa Bay Times. "As a board member, Governor Bush did not vote on or approve individual projects or programs."

Although Bush and Bloomberg "disagree on several policy issues, both share a passion for improving education in America," she added - a reference to their mutual embrace of the Common Core curriculum and other policies.  

A spokeswoman for Bloomberg Philanthropies, Meghan Womack, confirmed to the newspaper that directors do not sign off on every project.

But what to what extent was Bush active in the issue?

According to nonprofit norms, directors carry deep responsibility for the organizations they help lead. "Regardless of what board members are called, they are in essence the trustees in the literal and legal sense of the term," the National Center for Nonprofit Boards wrote on the responsibilities of board members. "No matter how the organization is structured or the degree of authority delegated to staff, committees, or affiliates, the board and therefore the individual trustees are ultimately accountable."

Bloomberg Philanthropies noted in a press release, "The directors will serve in an advisory and oversight capacity." Bush earned $37,100 in compensation for his nearly five years of service.

"Bush’s people are probably right that as a board member he did not vote on every project," Stephen Phelan, the director of mission communications at Human Life International, told LifeSiteNews. "But Bloomberg has been so open about his foundation’s goals for so long that it really stretches credibility to say that Bush or his people wouldn’t have known that the foundation pushes abortion and other population control efforts."

Bloomberg clarified his goals while accepting his Planned Parenthood award last year. "You can't fight every battle," he said. "The things that are high on my priority list are sensible gun laws...I obviously care about a woman's right to choose...Nobody's a bigger supporter of gay rights." He added that "we need a good immigration bill" that provides amnesty for an estimated 11 million illegal immigrants, "so we can continue our economy."

Bloomberg has described abortion as a "fundamental human right, elevating it to a make-or-break position. "On this issue, you’re either with us or against us.” He once cited abortion among his reasons for endorsing Barack Obama in 2012. 

Despite their differences on abortion policy, the billionaire has had no reservations supporting Jeb Bush's candidacy - even before there was one.

Last spring, he called Jeb and Hillary Clinton "two quality” candidates and "the only two who know how to make the trains run."

He also showered compliments upon Bush while introducing him to the New York State Republican Party convention in 2010. 

“I couldn’t agree more with this guy,” he said of Jeb. “If there’s anyone I would want on my side waging all those important battles and helping provide the government Americans deserve, it is our next speaker."

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Planned Parenthood says ‘extremists’ brought down website: critics say possible ‘PR stunt’

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By John Jalsevac

Updated 07/30/15 at 1:57 EST

July 30, 2015 (LifeSiteNews) - At the same time as a fourth video exposing Planned Parenthood's practice of harvesting and selling aborted baby body parts was released Thursday morning, visitors who attempted to access Planned Parenthood's website were greeted with a message saying, "Our site is not available due to an attack by extremists."

The page announcing the attack stated that "200,000 people a day are now being blocked from information and care by this attack," and directed visitors who wanted to find out more to Planned Parenthood Action Fund's Facebook page. 

At that Facebook page, the abortion giant states that the attack is a "new low" by anti-abortion extremists, and asks for donations to help them "fight back." 

However, some are raising questions about the purported attack, pointing out that a look under the hood shows that content from the site appears to be loading without a problem from Planned Parenthood's web server, while they have categorized the "site down" message as a "campaign."

At The Federalist, Sean Davis points out that the splash page also directs users to another page at ppaction.org where they can write their "story" about where they "stand" on Planned Parenthood, in the process of which Planned Parenthood collects their personal information.

"That’s right," says Davis. "Even though ppaction.org redirects to a page saying the site was hacked, the domain still house (sic) a perfectly functional URL and page that are being actively used to help build Planned Parenthood’s fundraising list."

Some hours after the original message was put up, Planned Parenthood changed the message to say simply that the website was "undergoing maintenance."

However, in comments to CNN Wednesday, Dawn Laguens, Planned Parenthood’s executive vice president, said that the website was originally brought down briefly on Wednesday by a distributed denial of service attack. “Although our websites were back online shortly after the attack, in order to ensure that we are fully protected, we’ve made the decision to take our website offline for a day,” she said, according to Jezebel.

The alleged attack comes days after Planned Parenthood had issued a statement claiming that "extremists" opposed to their agenda, "have called on the world’s most sophisticated hackers to assist them in breaching our systems and threatening the privacy and safety of our staff members."

At that time LifeSiteNews spoke with cybersecurity experts who said the attack appeared to be legitimate, but that it was not as sophisticated as Planned Parenthood claimed, given the outdated version of the abortion behemoth’s webserver.

The abortion giant has been reeling in recent weeks from a series of undercover videos, which appear to show high level Planned Parenthood staff negotiating to profit from the sale of body parts harvested from aborted babies. The videos have also shown the staff describing how they alter the abortion procedure to procure the best specimens possible.

No one has claimed responsibility for the attack. 

"Planned Parenthood says it’s been hacked by 'extremists,' but a review of the publicly available evidence suggests that the only things being hacked at Planned Parenthood right now are perfectly healthy and viable unborn babies," said Davis.

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