Gerard V. Bradley

What’s behind the HHS mandate?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Lisa Bourne

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61% of Americans don’t want Supreme Court to force gay ‘marriage’ on the states: poll

Lisa Bourne
By Lisa Bourne

February 26, 2015 (LifeSiteNews.com) -- A vast majority of Americans want the government to stay out of their personal affairs when it comes to defining marriage and how they conduct their work lives or businesses, a new survey says. And a great majority also oppose the idea of the Supreme Court forcing the entire country to accept marriage redefinition.

Eighty-one percent of Americans agree with the statement, “Government should leave people free to follow their beliefs about marriage as they live their daily lives at work and in the way they run their businesses,” according to a survey commissioned by the Family Research Council (FRC) and the National Religious Broadcasters (NRB).

The poll breakdown also showed that 80 percent of even those who never attend church believe the government should leave people alone in observing their faith when it comes to marriage. While the figures were very high across the board in support of allowing Americans freedom to practice their faith pertaining to marriage, it was highest among Hispanics at 89 percent.

Along with profound opposition to governmental tampering with religious freedom, more than six in 10 Americans also agreed with the statement, “States and citizens should remain free to uphold marriage as the union of a man and a woman and the Supreme Court shouldn’t force all 50 states to redefine marriage.”

That statistic is especially significant given the Supreme Court is set to rule on the constitutionality of homosexual “marriage” this summer.

The survey was conducted by WPA Opinion Research, which polled 800 registered voters from February 2-4.

A majority of Americans, 53 percent, agree that marriage should be defined only as a union between one man and one woman, the survey also found.

The results fly in the face of the presumption for Americans to concede that the whole country accepts homosexual “marriage,” undoubtedly telling a different story than what the media would have everyone believe, said FRC President Tony Perkins.

"It's clear, based on (this) polling, that Americans have not reached a broad social consensus that marriage should be redefined," Perkins told Baptist Press.

A Fox News poll also found last fall that a more Americans oppose legalization of homosexual “marriage” than support, at 47 percent and 44 percent respectively.

A recent Associated Press poll said most Americans favor not forcing the owners of wedding-related business to go against their religious convictions by compelling them to provide services for homosexual “weddings.”

Perkins also disapproved of any effort by the Supreme Court to impose marriage redefinition nationally.

The court "will be at a point of overreach if they impose a one-size-fits-all definition of marriage on the nation by redefining it," he said.

“What this survey tells us is that the American people won't accept the redefinition of marriage by judicial fiat,” he continued in a statement on the findings.

NRB Jerry President described the survey results as "incredible," and also said it is a "slam dunk" for more than 80 percent of Americans to agree that citizens should be free of governmental interference in the practice of their faith, including in their businesses.

"Government has no right establishing speech codes or business codes on marriage and 81 percent of Americans agree entirely," said Johnson.

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The Center for Arizona Policy also welcomed the survey results, further expressing importance of listening to the will of the people.

“It’s clear that marriage matters to voters,” the group’s President Cathi Herrod said in a statement. “Furthermore, the freedom of belief and the freedom to vote for a cause are of the utmost importance.”

“The Supreme Court should not silence the will of the voters,” she said. “What’s more, the government should not penalize people for believing that marriage is between a man and a woman.” 

Herrod decried religious discrimination with the recent examples where Atlanta Fire Chief Kelvin Cochran was fired from his job and Washington state florist Barronelle Stutzman is being sued by the state’s attorney general and the ACLU.

“What should be simple matters of disagreement has turned into government coercion,” said Herrod. “Instead of respecting differences of opinion, the government is now being used to stifle differing beliefs.”

Perkins was confident that Americans will not stand by for the redefinition of marriage to be imposed by the nation’s high court.

“If it dares to redefine an institution as old as civilization itself,” he said. “Like life, the marriage debate will only intensify as the American people realize that they'll be required to surrender their fundamental right to live and work according to their beliefs.

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Cardinal Raymond Burke was one of the principal authors and supporters of the book defending the Church's teachings on marriage that was allegedly blocked by Cardinal Baldisseri.
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Synod’s chief organizer seized books by top cardinals defending Church’s marriage teachings: report

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By Hilary White

ROME, February 26, 2015 (LifeSiteNews.com) – Allegations have surfaced this week that the lead organizer of the Vatican’s controversial Synod on the Family in October personally intervened to block the distribution of a book distributed by high-ranking cardinals, including Cardinal Raymond Burke, that defended the Church’s teachings on marriage.

Cardinal Lorenzo Baldisseri, general secretary for the Synod of Bishops, who became the focus of much criticism from bishops at the Synod for allegedly “manipulating” the process, is reported to have ordered that the books be seized, despite them having been posted through the official Vatican City State postal service.

The highly respected Vaticanist Edward Pentin, writing for NewsMax on Wednesday, said “reliable and high level sources” had confirmed that the book, “Remaining in the Truth of Christ,” was “intercepted” on the orders of Cardinal Baldisseri on the grounds that it would “interfere with the synod.” Baldisseri was also said to have been “furious” at the attempt to distribute them.

Cardinal Baldisseri reportedly claimed the books were confiscated because they had been distributed “improperly.” Those entrusted with ensuring the books made it into the hands of the Synod bishops, however, insisted that the books had gone through the regular Vatican postal service, and were therefore legally protected material, Pentin reports.       

The book includes a set of essays defending and explaining the Catholic teaching on the indissoluble nature of marriage and was intended by its authors as a means of clarifying the discussion.

The book was organized and authored by a group of the Church’s highest-ranking prelates – including Cardinal Raymond Burke, then-head of the Vatican’s highest court, and Cardinal Gerhard Müller, prefect of the Congregation for the Doctrine of the Faith – who were gravely alarmed not only at the “proposal” by Cardinal Walter Kasper but at its positive reception among bishops and Catholic laity.

Cardinal Kasper had shocked the Catholic world at last year’s consistory of cardinals by his “suggestion” that the Church change its practice of withholding Communion from people in “irregular unions,” and by his claim that the pope had approved the proposal. The so-called “Kasper proposal” has since become the focal point of a nearly open civil war in the Church in which decades-long divisions between the “liberal/progressives” and orthodox prelates has been revealed by the world’s press.

At the Rome launch on October 6 of a different book opposing Kasper’s proposal, Cardinal George Pell, a member of Pope Francis’ Council of Nine, said that changing the practice or teaching of the Church would be “disastrous.”

Pentin writes, “Those responsible for mailing the books meticulously tried to avoid interception, ensuring the copies were sent through the proper channels within the Italian and Vatican postal systems.” Pentin added that his sources had “strongly” refuted the claim by the Synod’s secretariat that the books had been distributed “irregularly,” saying they had used the normal postal service that is governed according to Vatican state and international law and is known in Rome for its superior service to the Italian postal system.

Throughout the Synod, rumors circulated broadly among the assembled corps of journalists that the highly anticipated books had failed to reach the bishops and had in fact been confiscated on the orders of the Synod’s leadership. At the time, although this strange story had spread widely, none of the principal parties involved in the book’s publication or distribution were willing to come forward.

That rule of silence appears to still be in place; today none of the book’s authors or editors were willing to speak with LifeSiteNews “on the record” to confirm what had happened, and attempts to reach the Synod office went unanswered. It is public knowledge, however, that only a handful of bishops had been able to obtain a copy during the Synod itself.

Edward Pentin reported yesterday that the story has not stopped circulating in Rome since the Synod, despite having been dismissed at a December press conference by Vatican spokesman Fr. Federico Lombardi. “Since then the allegations have become more widely known and have been corroborated at the highest levels of the church,” Pentin writes, saying that his sources believe the seized books were likely destroyed.

It is notable that the accusation could have a potential of a criminal liability for unlawful seizure of posted materials. The Vatican City State postal service is a member of the Universal Postal Union, a body under the auspices of the UN, which regulates the postal service practice of 192 member states. One Vatican source told LifeSiteNews today that a first attempt had been made to stop the books being sent by the Vatican Post Office, but that the postal workers had refused to cooperate, saying that it would be “unethical” to tamper with the mail.

Baldisseri, appointed as a permanent Secretary of the Synod of Bishops by Pope Francis, has become a public spokesman for the Kasper Proposal and he was heavily criticized during the Synod by many of the bishops themselves, who complained that the process was being strictly controlled to produce a particular outcome.

At a conference in Rome last month, Baldisseri told delegates that “dogma can evolve” and that the purpose of the Synod was not merely to restate Catholic teaching. He also confirmed that the documents of the Synod, including the highly contested “mid-term Relatio” that had called for the Church to “accept and value” the “homosexual orientation” had been read and approved for publication by Pope Francis. 

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Chen Guangcheng contradicts Hillary’s version: Obama admin abandoned him, caved to ‘hooligans’

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By Ben Johnson

WASHINGTON, D.C., February 26, 2015 (LifeSiteNews.com) – Chen Guangcheng, the blind lawyer who exposed the brutality of China's one-child policy, is again questioning the official party line – the Obama administration's account. This time he is contradicting Hillary Clinton's story of his escape from home captivity in a new memoir.

Hillary, who was Secretary of State at the time Chen fled his captors and sought refuge in the U.S. Embassy, has steadfastly denied she lobbied Chen to leave the premises, despite tense negotiations with the Chinese. But Chen writes that he felt so pressured and abandoned by U.S. officials, he was “overcome by sadness and wept.”

Chen so angered Chinese officials by uncovering the corruption and coercion of the nation's forced abortion regime that he was imprisoned for years. After his release, he and his family were held under house arrest inside a garrisoned village.

But on April 22, 2012, Chen scaled the wall and ran, on a broken foot, for miles. After going through a series of safe houses, a car took him to Beijing, where he sought sanctuary in the U.S. Embassy.

Hillary and Chen agree on that much – but the rest of their tales diverge.

Hillary spent chapter five of her memoir, "Hard Choices"  “Beijing: The Dissident” – discussing Chen's plight. The light-selling autobiography claims that Hillary got a call on the yellow phone on April 25, telling her about Chen's plea. “I said, 'Go get him,'” she wrote, adding that it “wasn't a close call.” She later told the Council on Foreign Relations that she authorized some “James Bond-ish kind of activity” for his rescue.

But Chen's escape came just days before Clinton was to arrive in China for a diplomatic visit. Chen and those close to him have always maintained that Chen faced coercion to leave the U.S. Embassy – and that U.S. officials broke their word after he complied.

The State Department passed along threats that, if Chen did not leave the Embassy for a Chinese communist-controlled hospital, his family would face repercussions from government officials. Spokeswoman Victoria Nuland, while denying any wrongdoing, admitted that “U.S. interlocutors did make clear that if Chen elected to stay in the embassy, Chinese officials had indicated to us that his family would be returned to Shandong, and they would lose their opportunity to negotiate for reunification.”

But in "Hard Choices", Hillary says U.S. officials were so considerate of Chen that the then-ambassador to China, Gary Locke, and State Department Legal Adviser Harold Koh “spent hours sitting with Chen, holding his hand, soothing his fears, and talking about his hopes for the future.”

Hillary maintained, “we had done what Chen said he wanted every step of the way.”

Chen tells a much different tale in his newly published memoir, "The Barefoot Lawyer: A Blind Man's Fight for Justice and Freedom in China", portions of which were published by Canada's National Post.

Chen said he was “pressured to leave” after the State Department accepted an “absurdly inadequate deal” with Chinese officials, essentially trusting them not to harm Guangcheng and his family on their honor.

“I hadn’t expected so many people on both sides would be working so hard to get me to leave, without guaranteeing my rights or my family’s safety,” Chen wrote. “No one seemed to be putting pressure on the Chinese Communist Party; instead they were dumping shipping containers of weight onto my shoulders to get me to do their bidding.”

Ultimately, he left the Embassy, filled with “disappointment and despair.” He said he “was overcome by sadness and wept.”

“What troubled me most at the time was this: when negotiating with a government run by hooligans, the country that most consistently advocated for democracy, freedom, and universal human rights had simply given in,” he said.

Those who were involved with the events as they unfolded agree that Hillary's account is off-base.

“I completely support Chen Guangcheng's account,” Reggie Littlejohn of Women's Rights Without Frontiers told LifeSiteNews. “In sharp contrast to Hillary Clinton's self-glorifying version, the actions of the U.S. government were a great disappointment to Chen and to the human rights community.”

“Why did U.S. officials pressure Chen to leave by May 2?” asked Littlejohn, who met Chen's plane when he finally landed on U.S. soil on May 19. “This was the very day that former Secretary of State Hillary Clinton was to arrive in Beijing for trade talks. To all appearances, the State Department under Hillary Clinton was willing to sacrifice one of the great human rights activists of the world in order to conduct unimpeded trade talks.”

Littlejohn and others familiar with the events have told the same story since it occurred.

“The State Department likes to say now that they played some kind of a heroic role,” Littlejohn told LifeSiteNews in an exclusive video interview at the time. “I would dispute that characterization of their actions.”

Bob Fu, the president of China Aid and a longtime associate of Chen, said at the time that Chen Guangcheng said that “he was under enormous pressure to leave the Embassy. Some people almost made him feel he was being a huge burden to the U.S.”

After Chen left for a hospital, he said the State Department did not keep its promises to protect him.

Chen said U.S. officials were not taking his calls, nor had they accompanied him from the embassy to the hospital, as they promised. “The Embassy kept lobbying me to leave and promised to have people stay with me in the hospital,” where his room was surrounded by at least 10 plainclothes guards, he said. “As soon as I checked into the hospital room, I noticed they were all gone.”

“Nobody from the (U.S.) Embassy is here. I don’t understand why. They promised to be here,” he said.

President Obama refused to comment on the matter on April 30.

Days later, Congressional Republicans called a hearing, where Rep. Chris Smith, R-NJ, and then-Congressman Frank Wolf pressured the Obama administration to fix the “scandal.” Chen telephoned the May 3 hearing, and Bob Fu translated as Chen spoke to him: “I want to meet with Secretary Clinton. I hope I can get more help from her,” he said. “I really am afraid for my other family members’ lives.”

Chen specifically thanked Congressman Smith and other Congressional leaders in his book.

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Republican presidential candidate Mitt Romney also criticized the Obama administration's handling of the affair.

“Eventually, as a result of efforts on many fronts, the Chinese authorities had no choice but to allow me, my wife and my children to leave for the United States,” Chen wrote last year. He arrived on U.S. soil on May 19 and is now a fellow at The Witherspoon Institute.

This is not the first time Chen has criticized Hillary's book. He disputed Clinton's assertion that Chinese Communist officials had been “scrupulous” about living up to their commitments in a June 24, 2014, op-ed for The Washington Post.

“Not only has the Chinese government relentlessly persecuted members of my family since my departure, it also never investigated its prior abuses, as it committed to do. And it imprisoned my nephew, who remains in jail today,” he wrote. “Clinton and her staff were keenly aware of the attacks on my family.”

Despite the fact that Chen's account undermines a major part of Hillary Clinton's autobiography – and calls into question her judgment and commitment to human rights – it has made few ripples in the U.S. media. The two primary stories have been in Canada's National Post and the Telegraph of London.

“I bet that most of you have never heard about any of this before,” Moe Lane wrote at RedState.com. “And it’s largely because Hillary Clinton is a Democrat, and Chris Smith is a Republican.”

The America Rising PAC, a Republican political action committee, commented, “while Clinton hides from the press potentially through the summer, no one will have a chance to ask her why Chen’s account flatly contradicts her own – a story she directly profited from by including it in her book.”

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