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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Pope tells Girl Scouts to oppose ‘ideologies’ against God’s design for marriage

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By Thaddeus Baklinski

ROME, June 30, 2015 (LifeSiteNews) – Pope Francis told Girl Scout and Girl Guide leaders from across the globe last week that it is essential they promote respect for marriage and family according to God’s design.

The pope’s remarks came as both the international organization, World Association of Girl Guides and Girl Scouts, and Girl Scouts USA face criticism over support for abortion, homosexuality, transgenderism, and contraception.

"It is very important today that a woman be adequately appreciated, and that she be able to take up fully the place that corresponds to her, be it in the Church, be it in society,” Pope Francis said in his address on the morning of June 26, prior to the U.S. Supreme Court’s decision imposing same-sex “marriage” on the country.

In the face of ideologies that seek to destroy the truths about marriage and family, he said, the formation of girls through Guiding "is absolutely determinant for the future."

"We are in a world in which the most contrary ideologies are spreading to the nature and design of God on the family and on marriage. Therefore, it is a question of educating girls not only to the beauty and grandeur of their vocation of women, in a just and differentiated relation between man and woman, but also to assume important responsibilities in the Church and in society," Pope Francis said.

The pope spoke during a private audience at the world meeting of the International Conference of Catholic Guides (ICCG), which took place in Rome from June 25-30.

Stressing that among educational movements Guiding has played a pivotal role in the faith formation of young women, the pope said, "Education is, in fact, the indispensable means to enable girls to become active and responsible women, proud and happy of their faith in Christ lived in every day life. Thus they will participate in the building of a world permeated by the Gospel."

“To Live the Joy of the Gospel as a Guide” was the theme for the ICCG meeting in Rome, with the stated purpose of reaffirming and strengthening the organization's 50-year-old history within the Catholic Church.

Among the participants at the ICCG meeting in Rome were Girl Scouts USA (GSUSA) CEO Anna Maria Chávez and National President Kathy Hopinkah Hannan.

In a statement, Chavez maintained that faith is “at the heart of Girl Scouts, and is woven into everything the organization does to inspire girls to take action to make the world a better place.”

However, the US Conference of Catholic Bishops has cautioned that some aspects of the Girl Scouts pedagogy go against Catholic teaching and doctrine.

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A report by the USCCB focused on three issues:

  1. GSUSA's relationship with groups like Planned Parenthood and international affiliate World Association of Girl Guides and Girl Scouts (WAGGS);
  2. GSUSA's views on issues related "to human sexuality, contraception, and abortion";
  3. and various materials and resources GSUSA has that have "inappropriate content."

With regard to WAGGGS, the report notes that while this group claims it does not formally back abortion and "reproductive rights," language on its website leaves no doubt that such support exists, as well as support for contraceptive use.

Numerous pro-life and pro-family groups have organized boycotts of Girl Guide cookies in protest of the organization's embrace of feminist politics and activism.

The pope's address to the ICCG meeting, translated into English by Zenit, is available on the Zenit website here.

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St. Peter Damian
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St. Peter Damian (1049): what Church MUST do in response to rampant homosexuality among clergy

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By Steve Jalsevac

June 29, 2015 (LifeSiteNews) – The rise of the power and influence of homosexual priests, bishops and cardinals, as well as influential laity, has been a major factor in the growing chaos within Catholicism over the past 60 years. This disorder within the Catholic Church has had a negative impact on the entire world because of the resulting decline in the positive influences that Catholicism has had on civilization for many centuries.

To think that what is happening now is new, however, betrays an ignorance of history. In 1049, when St. Peter Damian wrote his treatise, Book of Gomorrah (Liber Gomorrhianus), to Pope Leo IX, homosexuality and sexual perversion in general were far more openly rampant within the clergy than today.  This horrendous state of affairs is what the Saint addressed in his appeal to the Pope for urgently needed reforms.

We often hear from sleepy, comfortable, cowardly, timid or cultural Catholics, and especially from clergy who are directly implicated in homosexuality, that we should never criticize priests, bishops and especially the Pope. Supposedly, that is a greater sin than that of the heretics and sexual perverts facilitating great personal suffering and sending souls to Hell without anyone doing what is necessary to either convert or stop them.

St. Peter Damian was not so foolish as to listen to such nonsense denying God His justice at a time when the Church appeared to be in its death throes. He understood the grave duty to be blunt about the dangers and sinfulness, to not minimize the catastrophe that would come if strong actions were not quickly taken and to demand corrective actions. And yet, he also emphasized that all of this must be done with charity and Christian hope for the persons involved in the moral corruption. Their conversion was above all hoped and prayed for, rather than their condemnation for eternity.

An Italian translated version of the Book of Gomorrah has recently been published. An English version carefully translated by one of our LifeSite journalists will also soon become available.

On Feb. 11 of this year the Rorate Caeli website published excerpts from the introduction by Professor Roberto de Mattei to the Italian version.

Following are some paragraphs from that introduction that I hope will jar awake some of the faithful, especially considering what is going on now in the United States as a result of the mad Supreme Court decision and the moral chaos around the Synod on the Family regarding Church sexual teachings.
 

Excerpts from the Introduction:

St. Peter Damien (1007-1072) Abbot of the Fonte Avellana Monastery and subsequently Cardinal/Bishop of Ostia, was one of the most outstanding figures of Catholic reform in the XI century. His Liber Gomorrhianus, appeared around 1049, in an age when corruption was widely spread, even in the highest ranks of the ecclesiastical world.

In this writing, addressed to Pope Leo IX, Peter Damien condemns the perverted habits of his time in a language that knows no false mercy or compromises. He is convinced that of all the sins, the gravest is sodomy, a term which includes all the acts against nature and which want to satisfy sexual pleasure by separating it from procreation. “If this absolutely ignominious and abominable vice is not immediately stopped with an iron fist – he writes – the sword of Divine wrath will fall upon us, bringing ruin to many.”

There have been times in (the Church’s) history when sanctity pervades Her and others when the defection of Her members cause Her to collapse into darkness, appearing almost as if the Divinity has abandoned Her.

Peter Damien’s voice resounds today, as it did yesterday, with encouragement and comfort for those, like him, who have fought, suffered, cried and hoped, throughout the course of history.

He did not moderate his language, but kept it fiery to show his indignation. He was fearless in voicing an uncompromising hatred for sin and it was precisely this hatred that rendered his love burning for the Truth and the Good.

Today, at the beginning of the third millennium of Christ’s birth, priests, bishops and Episcopal conferences are arguing for married priests; they are placing in doubt the indissolubility of the marriage bond between man and woman and at the same time, accepting the introduction of laws for homosexual pseudo-marriage. Sodomy is not being thought of as a sin that cries to God for vengeance but is diffused in seminaries, colleges, ecclesiastical universities and even inside the Sacred Walls of the Vatican itself.

Liber Gomorrhianus reminds us that there is something worse than moral vice practiced and theorized. It is the silence that should speak, the abstention that should intervene, the bond of complicity that is established among the wicked and of those, who with the pretext of avoiding scandal are silent, and, by being silent, consent.  

Graver still, is the acceptance of homosexuality by churchmen, thought of as a “positive” tension towards the good, worthy of pastoral care and juridical protection and not as an abominable sin. In the summary Relatio post disceptationem of the first week’s work in the Synod of Bishops in October 2014, a paragraph affirmed that:   “homosexual persons have gifts and qualities to offer the Christian community”, with an invitation to the Bishops “…are we capable of welcoming these people, guaranteeing them a fraternal space in our communities?”

This scandalous statement was removed from the final report, but some bishops and cardinals, inside and outside the Synod Hall, insisted on the appeal to look for the positive aspects of a union against nature, going as far as hoping for “a way to describe the rights of people living in same-sex unions.”

St. Peter Damian as a simple monk, and with greater reason as a cardinal, did not hesitate in accusing even the Popes of that time for their scandalous omissions. Will the reading of the book Liber Gomorrhianus instill the spirit of St. Peter Damien in the hearts of some prelates or laypeople, by shaking them out of their torpor and force them to speak and act?

Even if abysmally far from the holiness and prophetic spirit of St. Peter Damien, let us make his indignation against evil, ours, and with the words that conclude his treatise we turn to the Vicar of Christ, His Holiness, Pope Francis, presently reigning, so that he may intervene and bring an end to these doctrinal and moral scandals: “May the Almighty Lord assist us, Most Reverend Father, so that during the time of Your Apostolate, all of the monstrosity of this vice be destroyed and the state of the Church, presently supine, may wholly rise up again in all its vigour.”

The book can be found in Italian here. 

(Note: the name of the saint is spelled Damian in English and Damien in Italian and French. In Fr. Mattei's quotes is it spelled Damien)

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Phil Lawler

So now is it ‘hate speech’ to deplore the Obergefell decision?

Phil Lawler
By Phil Lawler

June 30, 2015 (CatholicCulture.org) - The ink was barely dry on last week’s Supreme Court ruling when Father James Martin, SJ, began scolding Catholics who were, from his decorous perspective, too strident in denouncing the decision.

"No issue brings out so much hatred from so many Catholics as homosexuality," Father Martin told his Facebook followers. He repeated the same message several times throughout the day, warning commenters that they must not indulge in “homophobia” and suggesting that someone who questioned whether we were all expected to sing “Kumbaya” was illustrating his point. So is sarcasm now prima facie evidence of hatred?

In my own surfing through the internet, reading scores of posts on the Obergefell decision, I can honestly say that I did not see a single message, a single comment, that struck me as hate-filled. Perhaps Father Martin’s email traffic is qualitatively different from mine. Or perhaps—far more likely, I’m afraid—he sees “hatred” where I see only vehement disagreement.

Is it possible to be angry about the Obergefell decision, to consider it a travesty of justice and a betrayal of the Constitution, without being viewed as a hater? Wait; let’s turn that question upside-down. Is it possible to see all serious disagreement with the decision as hate-speech, without celebrating the outcome of the Obergefell case?

I ask the latter question, you see, because if Father Martin was upset by the Supreme Court ruling, his dismay did not show through on his Twitter feed. He recommended three columns reacting to the decision: one by a fellow Jesuit, recounting how his grandmother could not marry her lesbian partner; another by the gay New York Times columnist Frank Bruni, celebrating the decision; the third by the gay activist/blogger Andrew Sullivan, also celebrating.

The recommendation for Andrew Sullivan’s piece was particularly striking because of the title: “It Is Accomplished”—an explicit reference to the words of Jesus Christ on the Cross. Father Martin, who was horrified by so much of what he read on Friday afternoon, let that blasphemous headline pass without comment. His demand for the use of temperate language, and for avoiding comments that others would find offensive, was applied to only one side of the post-Obergefell debate.

And that’s likely to be the party line for politically-correct Catholics in the wake of this momentous decision. We are allowed to disagree with the Supreme Court, politely, but not too forcefully. Any strident denunciation of the ruling or its logic might be interpreted as hate-speech, which of course is unacceptable. As the secular left clamps down on religious expression—and we’ve already been served notice that the crackdown is coming-- the Catholic left will worry aloud that, yes, some strong public expressions of religious beliefs are distasteful.

The influence of this approach, with its keen anxiety to avoid provocation, has already been evident in the statements released by some American bishops in response to the ruling. Archbishop Gregory says that he disagrees with the Court, but if you don’t know why he disagrees before you read his statement, you’re not likely to be any better informed when you’re finished. Cardinal Wuerl reminds us that we must hate the sin but love the sinner; he neglects to mention what the sin is. And Archbishop Cupich gives no indication at all that he disagrees with the Supreme Court ruling.

We have a long uphill struggle facing us as we seek to restore a proper understanding of marriage, to revive appreciation for the natural law, and to undo this wretched judicial decision. We cannot expect success if we go into the battle unarmed. If we begin the debate by saying that we must not offend our adversaries—even after our adversaries have declared our most fundamental beliefs to be offensive—we are doomed to failure.

We already know how the battle will unfold, because the campaign to crush resistance to same-sex marriage is already underway. The militant left will choose vulnerable targets—a pizza-parlor here, a baker there—and vilify them as “haters.” People who been trained to see “hatred” in any firm disagreement will nod in solemn approval as the alleged offenses are harshly punished. And so juggernaut will keep rolling, gaining momentum, until it reaches us.

There is an alternative. We can speak the truth. Yes, certainly we should avoid making unduly provocative statements. But since we are trying to provoke reactions, we cannot pull all our punches.

More to the point, if we’re going into battle—and we are—we need to know who’s on our side, and who’s working against us.

This article was originally published on CatholicCulture.org and is re-published with permission.

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