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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Indiana Gov. Mike Pence signs the state's Religious Freedom Restoration Act.
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Indiana faces backlash as it becomes 20th state to protect religious liberty

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By Ben Johnson

INDIANAPOLIS, IN, March 27, 2015 (LifeSiteNews.com) – On Thursday, Indiana became the 20th state to prevent the government from forcing people of faith to violate their religious beliefs in business or the public square.

Gov. Mike Pence signed the Religious Freedom Restoration Act (SB 101) into law, saying the freedom of religion is a preeminent American value.

“The Constitution of the United States and the Indiana Constitution both provide strong recognition of the freedom of religion, but today, many people of faith feel their religious liberty is under attack by government action,” Pence said.

Gov. Pence, a possible dark horse candidate for president in 2016, cited court cases brought by religious organizations and employers, including Catholic universities, against the HHS mandate. “One need look no further than the recent litigation concerning the Affordable Care Act. A private business and our own University of Notre Dame had to file lawsuits challenging provisions that required them to offer insurance coverage in violation of their religious views.”

The new law could also prevent Christian business owners from being compelled to bake a cake or take photographs of a same-sex "marriage" ceremony, if doing so violates their faith. In recent years, business owners have seen an increased level of prosecution for denying such services, despite their religious and moral beliefs.

The state's pro-life organization applauded Pence for his stance. "Indiana's pro-life community is grateful to Gov. Mike Pence for signing the Religious Freedom Restoration Act into law,” said Indiana Right to Life's president and CEO Mike Fichter. “This bill will give pro-lifers a necessary legal recourse if they are pressured to support abortion against their deeply-held religious beliefs.”

“RFRA is an important bill to protect the religious freedom of Hoosiers who believe the right to life comes from God, not government,” he said.

The state RFRA is based on the federal bill introduced by Sen. Chuck Schumer, D-NY, and signed into law by President Bill Clinton in 1993. The Supreme Court cited the federal law when it ruled that Hobby Lobby had the right to refuse to fund abortion-inducing drugs, if doing so violated its owners' sincerely held religious beliefs.

In signing the measure – similar to the one Arizona Gov. Jan Brewer vetoed – Pence and the state of Indiana have faced a torrent of venom from opponents of the bill, who claim it grants a “right to discriminate” and raises the spectre of segregation.

"They've basically said, as long as your religion tells you to, it's OK to discriminate against people," said Sarah Warbelow, legal director of the Human Rights Campaign, a national homosexual pressure group.

The Disciples of Christ, a liberal Protestant denomination based in the state capital, has said it will move its 2017 annual convention if the RFRA became state law. The NCAA warned the bill's adoption “might affect future events” in the Hoosier state.

Pence denied such concerns, saying, "This bill is not about discrimination, and if I thought it legalized discrimination in any way I would've vetoed it."

The bill's supporters say that, under the Obama administration, it is Christians who are most likely to suffer discrimination.

"Originally RFRA laws were intended to protect small religious groups from undue burdens on practicing their faith in public life,” said Mark Tooley, president of the Institute on Religion and Democracy. “It was not imagined there would come a day when laws might seek to jail or financially destroy nuns, rabbis or Christian camp counselors who prefer to abstain from the next wave of sexual and gender experimentation. And there's always a next wave.”

The bill's supporters note that it does not end the government's right to coerce people of faith into violating their conscience in every situation. However, it requires that doing so has to serve a compelling government interest and the government must use the least restrictive means possible. “There will be times when a state or federal government can show it has a compelling reason for burdening religious expression – to ensure public safety, for instance,” said Sarah Torre, an expert at the Heritage Foundation. “But Religious Freedom Restoration Acts set a high bar for the government to meet in order to restrict religious freedom.”

Restricting the ability of government to interfere in people's private decisions, especially their religious decisions, is the very purpose of the Constitution, its supporters say.

"Religious freedom is the cornerstone of all liberty for all people,” Tooley said. “Deny or reduce it, and there are no ultimate limits on the state's power to coerce."

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Fight pornography. Beat pornography. And join the ranks of those who support their fellow men and women still fighting.
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Porn is transforming our men from protectors into predators. Fight back.

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By Jonathon van Maren

Since I’ve gotten involved in anti-pornography work, I’ve met countless men who struggle, fight, or have beaten pornography. Each person seems to deal with the guilt and shame that accompanies porn use in a different way—some deny that it’s “all that bad,” others pretend that they could “stop whenever they want,” many insist that “everyone is doing it,” and most, when pressed, admit to a deep sense of self-loathing.

One worry surfaces often in conversation: What do my past or current struggles with pornography say about me as a man? Can I ever move past this and have a meaningful and fulfilling relationship?

I want to address this question just briefly, since I’ve encountered it so many times.

First, however, I’ve written before how I at times dislike the language of “struggling” with pornography or pornography “addiction,” not because they aren’t accurate but because too often they are used as an excuse rather than an explanation. It is true, many do in fact “struggle” with what can legitimately be considered an addiction, but when this language is used to describe an interminable battle with no end (and I’ve met dozens of men for whom this is the case), then I prefer we use terminology like “fighting my porn habit.” A semantic debate, certainly, but one I think is important. We need to stop struggling with porn and start fighting it.

Secondly, pornography does do devastating things to one’s sense of masculinity. We know this. Pornography enslaves men by the millions, perverting their role as protector and defender of the more vulnerable and turning them into sexual cannibals, consuming those they see on-screen to satisfy their sexual appetites.

What often starts as mere curiosity or an accidental encounter can turn into something that invades the mind and twists even the most basic attractions. I’ve met porn users who can’t believe the types of things they want to watch. They haven’t simply been using porn. Porn has actively reshaped them into something they don’t recognize and don’t like. 

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Porn is this generation’s great assault on masculinity and the role of men in society. It is essential that we win this battle for the sake of society’s survival. Contrary to what the gender-bending and family-morphing progressive elites claim, good husbands and good fathers and good church leaders are necessary for a healthy society. But pornography is destroying marriages, creating distant and disconnected fathers, and, metaphoricaclly castrating men, hindering their ability and desire to make a positive difference in the society around us.

So, with this sobering set of facts in mind let’s return to the question: what do pornography struggles, past and present, say about a man?

The proper way to respond is with everything that is good about masculinity. We have to fight pornography as men have fought countless evils throughout the ages. We need to fight pornography to protect women, and wives, and children, and our society at large. This is how pornography threatens society, by castrating men, and turning them from protectors into predators. Rooting out the evil in our own lives allows us to better fulfill the role we are called to perform in the lives of others. Battling our own demons enables us to battle the wider cultural demons. Every day without porn is another bit of virtue built. Virtue is not something you’re born with. Virtues are habits that you build. And one day without porn is the first step towards the virtue of being porn-free.

Many men ask me if men who have had past porn addictions are cut out for being in a relationship or working in the pro-life movement or in other areas where we are called to protect and defend the weak and vulnerable. And the answer to that is an unequivocal yes. Our society needs men who know what it means to fight battles and win. Our society needs men who can say that they fought porn and they beat porn, because their families and their friends were too important to risk. Our society needs men who rose to the challenge that the evils of their generation threw at them, and became better men as the result. And our society needs men who can help their friends and their sons and those around them fight the plague of pornography and free themselves from it, too—and who can understand better and offer encouragement more relevant than someone who has fought and been freed themselves?

So the answer to men is yes. Fight pornography. Beat pornography. And join the ranks of those who support their fellow men and women still fighting. Lend them support and encouragement. We cannot change the fact that porn has left an enormous path of destruction in its wake. But we can change the fact that too many people aren’t fighting it. We can change our own involvement. And we can rise to the challenge and face this threat to masculinity with all that is good about masculinity.

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Red Alert!

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By John-Henry Westen

I don’t like having to do this, but we have always found it best to be totally upfront with our readers: our Spring fundraising campaign is now worrying us! 

You see, with just 6 days remaining, we have only raised 30% of our goal, with $125,000 still left to raise. That is a long ways to go yet.

We have no choice but to reach our minimum goal of $175,000 if we are going to be able to continue serving the 5+ million readers who rely on us every month for investigative and groundbreaking news reports on life, faith and family issues.

Every year, LifeSite readership continues to grow by leaps and bounds. This year, we are again experiencing record-breaking interest, with over 6 million people visiting our website last month alone!

This unprecedented growth in turn creates its own demand for increased staff and resources, as we struggle to serve these millions of new readers.

And especially keep this in mind. As many more people read LifeSite, our mission of bringing about cultural change gets boosted. Our ultimate goal has always been to educate and activate the public to take well-informed, needed actions.

Another upside to our huge growth in readers is that it should be that much easier to reach our goal. To put it simply: if each person who read this one email donated whatever they could (even just $10) we would easily surpass our goal! 

Today, I hope you will join the many heroes who keep this ship afloat, and enable us to proclaim the truth through our reporting to tens of millions of people every year!

Your donations to LifeSite cause major things to happen! We see that every day and it is very exciting. Please join with us in making a cultural impact with a donation of ANY AMOUNT right now. 

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