Gerard V. Bradley

What’s behind the HHS mandate?

Gerard V. Bradley
By Gerard Bradley

June 13, 2012 ( - 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

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Pelosi asked: Is unborn baby with human heart a ‘human being’? Responds: ‘I am a devout Catholic’

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By Dustin Siggins

Tell Nancy Pelosi: No, supporting abortion and gay 'marriage' is not Catholic. Sign the petition. Click here.

WASHINGTON, D.C., October 2, 2015 (LifeSiteNews) -- Top Democrat Nancy Pelosi, D-CA, won't say whether an unborn child with a “human heart” and a “human liver” is a human being.

Pelosi, who is the Minority Leader in the House, was asked a question about the issue by CNS News at a press conference last week. The conservative news outlet asked, "In reference to funding for Planned Parenthood: Is an unborn baby with a human heart and a human liver a human being?”

Pelosi stumbled over her answer, saying, “Why don't you take your ideological questions--I don't, I don't have—”

CNS then asked her, "If it's not a human being, what species is it?”

It was then that Pelosi got back on stride, swatting aside the question with her accustomed reference to her “devout” Catholic faith.

“No, listen, I want to say something to you,” she said. “I don't know who you are and you're welcome to be here, freedom of this press. I am a devout practicing Catholic, a mother of five children. When my baby was born, my fifth child, my oldest child was six years old. I think I know more about this subject than you, with all due respect.”

“So it's not a human being, then?” pressed CNS, to which Pelosi said, “And I do not intend to respond to your questions, which have no basis in what public policy is that we do here.”

Pelosi has long used her self-proclaimed status as a “devout” practicing Catholic to promote abortion.

In response to a reporter’s question a proposed ban on late-term abortion in 2013, Pelosi said that the issue of late-term abortion is "sacred ground" for her.

"As a practicing and respectful Catholic, this is sacred ground to me when we talk about this," Pelosi said. "This shouldn't have anything to do with politics."

In 2008, she was asked by then-Meet the Press host David Gregory about when life begins. Pelosi said that "as an ardent, practicing Catholic, this is an issue I have studied for a long time. And what I know is that over the centuries, the doctors of the Church have not been able to make that definition....We don't know."

The Church has always taught that unborn human life is to be protected, and that such life is created at the moment of conception.

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New video: Planned Parenthood abortionist jokes about harvesting baby’s brains, getting ‘intact’ head

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By Ben Johnson

I interviewed my friend, David Daleiden, about his important work exposing Planned Parenthood's baby body parts trade on the Glenn Beck Program. David urged Congress to hold Planned Parenthood accountable and to demand the full truth. He also released never-before-seen footage showing a Planned Parenthood abortionist callously discussing how to obtain an intact brain from aborted babies.

Posted by Lila Rose on Monday, October 5, 2015


Sign the petition to defund Planned Parenthood here

WASHINGTON, D.C., October 5, 2015 (LifeSiteNews) - In the newest video footage released by the Center for Medical Progress, a Planned Parenthood abortionist laughs as she discusses her hope of removing the intact "calvarium," or skull, of an unborn baby while preserving both lobes of the brain.

She also describes how she first dismembers babies up to twenty weeks gestation, including two twenty-week babies she said she aborted the week before.

Dr. Amna Dermish, an abortionist with Planned Parenthood of Greater Texas, told undercover investigators she had never been able to remove the calivarium (skull) of an aborted child "intact," but she hopes to.

"Maybe next time," the investigator said.

"I know, right?" Dr. Dermish replied. "Well, this'll give me something to strive for."

Dermish, who performs abortions up to the 20-week legal limit in Austin, then described the method she used to collect fetal brain and skull specimens.

"If it’s a breech presentation [in which the baby is born feet first] I will remove the extremities first - the lower extremities - and then go for the spine," she began.

She then slides the baby down the birth canal until she can snip the spinal cord.

The buyer noted that intact organs fetch higher prices from potential buyers, who seek them for experimentation.

"I always try to keep the trunk intact," she said.

"I don't routinely convert to breech, but I will if I have to," she added.

Converting a child to the breech position is the first step of the partial birth abortion procedure. The procedure has been illegal since President Bush signed legislation in 2003 making it a federal felony punishable by two years in prison and a fine of $250,000.

According to CMP lead investigator David Daleiden, who debuted the video footage during an interview with Lila Rose on The Blaze TV, Dr. Dermish was trained by Planned Parenthood's senior director of medical services, Dr. Deborah Nucatola.

Dr. Nucatola was caught on the first CMP undercover video, discussing the side industry while eating a salad and drinking red wine during a business luncheon.

Between sips, she described an abortion process that legal experts believe is a partial birth abortion, violating federal law.

“The federal abortion ban is a law, and laws are up to interpretation,” Dr. Nucatola said on the undercover footage. “So, if I say on day one that I don't intend to do this, what ultimately happens doesn't matter.”

Daleiden told Rose he hoped that Congressional investigators would continue to pressure the organization about whether the abortion technique it uses violates federal law, as well as the $60-per-specimen fee the national organization has admitted some of its affiliates receive.

Trafficking in human body parts for "valuable consideration" is also a federal felony carrying a penalty of up to 10 years in prison and a $500,000 fine.

"That would be enough to construct a criminal case against Planned Parenthood," Daleiden said.

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Nancy Flanders


He used to be an abortionist; now, he fights to save the lives of the preborn

Nancy Flanders
By Nancy Flanders

October 5, 2015 (LiveActionNews) -- In 1976, Dr. Anthony Levatino, an OB/GYN, graduated from medical school and was, without a doubt, pro-abortion. He strongly supported abortion “rights” and believed abortion was a decision to be made between a woman and her doctor.

“A lot of people identify themselves as pro-life or pro-choice, but for so many people, it doesn’t really touch them personally; it doesn’t impact their lives in the way that I wish it would. If nothing more than in the voting booth, if nowhere else,” said Levatino in a speech for the Pro-Life Action League. “But when you’re an obstetrician / gynecologist and you say I’m pro-choice – well, that becomes rather a more personal thing because you’re the one who does the abortions and you have to make the decision of whether you’ll do that or not.”

Levatino learned how to do first and second trimester abortions. Thirty to forty years ago, second trimester abortions were done by saline injection, which was dangerous.

"For the first time in my life, after all those years, all those abortions, I really looked, I mean I really looked at that pile of goo on the side of the table that used to be somebody’s son or daughter and that’s all I could see."

At that same time, Levatino and his wife were struggling with fertility problems and were considering adoption. They knew however, how difficult it was to adopt a newborn.

“It was the first time that I had any doubts about what I was doing because I knew very well that part of the reason why it’s difficult to find children to adopt were that doctors like me were killing them in abortions,” said Levatino.

Finally, in 1978, the couple adopted their daughter, Heather. Right after the adoption, they discovered they were expecting a baby, and their son was born just 10 months later.

Levatino describes a “perfectly happy” life at this time and says that despite those first qualms about abortion, he went right back to work performing them.

In 1981, after graduating from his residency, Levatino joined an OB/GYN practice which also offered abortions as a service. Saline infusion was the most common method for second trimester abortions at the time, but it ran the risk of babies born alive. The procedures were also expensive, difficult, and required the mother to go through labor. Levatino and his partners trained themselves to perform the D&E abortion procedure, which is used today.

In his speech, he describes what it’s like to perform the now routine procedure:

You take an instrument like this called a sopher clamp and you basically – the surgery is that you literally tear a child to pieces. The suction is only for the fluid. The rest of it is literally dismembering a child piece by piece with an abortion instrument […] absolutely gut-wrenching procedure.

Over the next four years, Levatino would perform 1,200 abortions, over 100 of them D&E, second trimester abortions.

But then everything changed. On a beautiful day in June of 1984, the family was at home enjoying time with friends when Levatino heard tires squeal. The children were in the street and Heather had been hit by a car.

“She was a mess,” he explained. “And we did everything we possibly could. But she ultimately died, literally in our arms, on the way to the hospital that evening.”

After a while, Levatino had to return to work. And one day, his first D&E since the accident was on his schedule. He wasn’t really thinking about it or concerned. To him, it was going to be a routine procedure he had done many times before. Only it wasn’t.

“I started that abortion and I took that sopher clamp and I literally ripped out an arm or a leg and I just stared at it in the clamp. And I got sick,” he explained. “But you know something, when you start an abortion you can’t stop. If you don’t get all the pieces – and you literally stack them up on the side of the table […] your patient is going to come back infected, bleeding or dead. So I soldiered on and I finished that abortion.”

But by the time the abortion was complete, Levatino was beginning to feel a change of heart:

For the first time in my life, after all those years, all those abortions, I really looked, I mean I really looked at that pile of goo on the side of the table that used to be somebody’s son or daughter and that’s all I could see. I couldn’t see what a great doctor I was being. I didn’t see how I helped this woman in her crisis. I didn’t see the 600 dollars cash I had just made in 15 minutes. All I could see was somebody’s son or daughter. And after losing my daughter this was looking very, very different to me.

Levatino stopped performing second trimester abortions but continued to provide first trimester abortions for the next few months.

“Everybody puts doctors on a pedestal and we’re all supposed to be so smart but we’re no different than anybody else,” he said.

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He realized that killing a baby at 20 weeks gestation was exactly the same as killing one at nine weeks gestation or even two weeks gestation. He understood that it doesn’t matter how big or small the baby is, it’s a human life. He has not done an abortion since February 1985 and says there is no chance he will ever perform one again.

Adamant that he would never join the pro-life movement because of the media’s portrayal of pro-lifers as crazy, he was eventually invited to a pro-life potluck dinner where he met people who he realized were intelligent volunteers who spent their time defending preborn humans.

After that, Levatino began speaking out against abortion specifically with young people, graphically describing for them what an abortion really is.

Levatino has also testified before Congress, asking our government to end legal abortion.

Reprinted with permission from Live Action News

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