Daniel Philpott

Why we can’t just ‘lighten up’ over the HHS mandate

Daniel Philpott
By Daniel Philpott

February 27, 2013 (PublicDiscourse) - Lighten up! This is the riposte that my employer, the University of Notre Dame, and other like-minded organizations have met with in recent months as they have protested the violation of their religious freedom through the Obama administration’s mandate that they pay for healthcare policies covering contraception, sterilization, and abortifacient drugs.

Critics charge that the protest, manifested most saliently by a lawsuit that Notre Dame and some forty-seven other organizations filed against the Department of Health and Human Services, is unduly fretful and even manifests a persecution complex. They aver that the mandate does not require outfits like Notre Dame to cooperate with evil directly, but rather only to fund insurance policies that enable their employees to commit the acts that Notre Dame regards as immoral.

Cooperation with evil: the concept is invoked most often by Christian supporters of the mandate, who share the faith of opponents but regard them as too uptight. It comes from traditional Catholic moral theology, which forbids “formal” cooperation with evil, where one intentionally supports another’s immoral act, but renders more complex the analysis of “material” cooperation with evil, where one in some way causally enables an evil but does not intend for it to occur—the case of the taxpayer who pays her taxes but regrets that they will support an unjust policy or who votes for a candidate in spite of, not because of, the candidate’s support for an injustice. Material cooperation can be permitted on the conditions that cooperation is sufficiently indirect and counterbalanced by good effects that the same act enables.

Just these conditions are met by the mandate, say supporters, especially in the wake of successive “accommodations” through which the Obama administration has sought to make Christian employers’ cooperation ever more remote—and sought as well to diminish and marginalize the coalition against the mandate. The accommodations have met with considerable success. Each round has brought a new batch of erstwhile public opponents to declare themselves satisfied and their concerns met.

Following the Catholic tradition, I regard the criterion of cooperation with evil as a valid one for a wide range of moral dilemmas, including the one at hand. The debate over cooperation with evil, however, obscures what is most at stake for Christian organizations in the HHS mandate, which is much the same as what has been most at stake for the Christian church in its relationship with the state over many centuries, which in turn is what is most at stake for the church in religious freedom: the right to give witness to the truths that they believe.

To witness means to proclaim or to give testimony for a truth that the proclaimer believes is maximally important. To witness is to communicate a message—in the Christian’s case, that of God’s salvation of the world through Jesus Christ. For a Catholic, this salvation is embodied in, and its meaning for the Christian believer is manifested through, the teachings of the Catholic Church, including its teachings about contraception and the sanctity of life.

Many Protestant churches make parallel claims, with due variations, about the role of the church in salvation. For (many) Christians, then, salvation is achieved through corporate entities as well as the faith of individuals. Consonant with this message, churches and their affiliated universities, schools, hospitals, and orphanages share a duty not simply to avoid cooperating with what is false but to proclaim boldly what is true in both their words and their deeds.

To see how witness stands distinct from cooperation against evil, imagine Patrick, a devout Catholic investor, who lends $1 million to Tony to build a small grocery store—and stipulates that Tony not use the loan to sell pornographic magazines or artificial birth control devices. A year later, Patrick visits the completed grocery store and, lo and behold, finds a nook jutting out from the back wall where just these products are being sold: a sin section.

Patrick confronts Tony, who pleads that he was careful to use his own funds to build this section of the store and did not use Patrick’s loan for it: Patrick should lighten up. Patrick remains unconvinced and steamed. He explains to Tony that these products would not be sold in this store were it not for the loan that built the store in the first place. What is more important, though, Patrick explains, is not his enabling of commerce in these products but the fact that everyone who knows about his investment would be unlikely to make the careful distinction that he didn’t pay for the sin section. Rather, they will wonder why a devout Catholic such as he invested in something so contrary to his beliefs. His reputation and his commitment to living his life as a witness, not simply avoiding cooperation with evil so as to keep his hands clean, is what is most important to him.

The right to witness to the truth of salvation is the heart of the right to religious freedom. Religious freedom is the right to be religious, that is, the right of individuals and organizations to live, practice, and express their religious beliefs. It is a right found in the most important international law documents and, of course, in the First Amendment of the US Constitution. Religious freedom is not absolute, of course, and its boundaries and gray areas are continually contested in the courts. American courts, though, have always understood religious freedom to protect something far wider than the right not to materially cooperate with evil, including, quintessentially, the right of religious people and organizations to give witness to their convictions.

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When religious organizations are required to enable behaviors contrary to their beliefs, even when this enabling is somewhat indirect, they are in fact being required to perform a contradiction by associating themselves closely with deeds that undermine what they aim to profess. Consider the case of Notre Dame. The Catholic Church authoritatively prohibits contraception, teaching that an intrinsic purpose of sex is to beget life, an end that a person ought never to impede. The Church holds that abortifacient drugs destroy a person’s life. To force a Catholic university, which by definition commits itself to manifesting the teachings of the Catholic Church, to promote these actions is to force it to compromise its very witness to the character of life lived in fellowship with the resurrected Christ—indeed as this life might be lived by its own employees. Notre Dame and its fellow plaintiffs cannot lighten up.

The skeptic will retort that the witness dimension of religious freedom does not escape from and only pushes back the problem of cooperation with evil. Religious persons of all stripes, after all, might claim that the message of their faith is contradicted when they pay taxes to a government that acts contrary to their religion. Yet, the skeptic will point out, few religious people in fact refuse to pay their taxes and most may pay them justifiably as long as they do not intend to support the policies they believe to be evil. Religious witness is undermined only when cooperation with evil is either formal or of the unjustifiable material sort. If that is the case, says the skeptic, then the problem of evil is again our main concern. The freedom to witness adds nothing to the picture.

I do not deny that assessing cooperation with evil is important. In my view, the revised regulations that the Obama administration issued earlier this month go some way toward alleviating the problem, at least for some religious employers (while still failing to include religious business owners, for instance). I also contend, though, that the HHS mandate continues to compromise the witness dimension of religious freedom. Even if policies separate from those provided by employers are issued to cover contraception and abortifacient drugs, as the new regulations allow, these policies are still tied closely with employees’ plans and thus compromise Notre Dame’s ability to witness against the use of these products. It is as if Tony sought to assuage Patrick by reconstructing his sin section as a tiny hut one foot away from his grocery store.

The mandate’s interference with the freedom of Notre Dame and others to witness to the truths of their faith enhances the case against it far beyond the problem that material cooperation expresses. That is, even if we were to grant for the sake of argument that the algorithms of cooperation with evil yield up an ambiguous moral conclusion, it remains the case that the HHS mandate violates religious freedom in the far more fundamental sense—namely the right of religious organizations to perform what is most important and distinctive about their religious mission. This consideration, I believe, puts the debate about the HHS mandate over the top on the side of Notre Dame and its fellow critics.

Daniel Philpott is Associate Professor of Political Science and Peace Studies at the University of Notre Dame and a scholar with the Religious Freedom Project of the Berkley Center for Religion, Peace and World Affairs at Georgetown University. This piece is a revised version of one that was commissioned and originally posted by the Religious Freedom Project and can be found here.

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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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