Daniel Philpott

Opinion

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

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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Lisa Bourne

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Donald Trump says he will promote LGBT ‘equality’ as president

Lisa Bourne

CONCORD, New Hampshire, February 8, 2016 (LifeSiteNews) – Does Donald Trump support the gay agenda or oppose it? On the eve of the New Hampshire primary, observers are still scratching their heads about where the GOP frontrunner actually stands.

Trump has repeatedly and consistently said he supports the natural definition of marriage, but can a President Trump be relied on to promote it resolutely and cogently? It is this question that has many marriage activists expressing concern about his increasingly likely hold on the GOP nomination.

In fact, the National Organization for Marriage has gone so far as to say that Trump has “abandoned” the pro-marriage cause.

Trump himself underscored the problem on the weekend when he told a New Hampshire television station that from the White House he would push “equality” for homosexuals even further forward.

A cable news reporter self-identifying as a lesbian asked him last Thursday after a rally in Exeter, "When President Trump is in office, can we look for more forward motion on equality for gays and lesbians?"

“Well, you can and look - again, we're going to bring people together. That's your thing, and other people have their thing,” Trump told Sue O’Connell of New England Cable News. “We have to bring all people together. And if we don't, we're not gonna have a country anymore. It's gonna be a total mess.”

Following the comments, Trump appeared Sunday on ABC’s This Week program with George Stephanopoulos and would not commit to appointing Supreme Court justices who’d overturn Obergefell, though that would be his “preference.”

STORY: ‘Anyone but Donald Trump’: Here’s his record on life, marriage, and religious liberty

“We’re going to look at judges. They’ve got to be great judges. They’ve got to be conservative judges. We’re going to see how they stand depending on what their views are. But that would be my preference,” he told Stephanopoulos. “I would prefer that they stand against, but we’ll see what happens. It depends on the judge.”

Trump’s comments follow his statements during a Fox News Sunday interview last week, when he said, “If I'm elected, I would be very strong on putting certain judges on the bench that I think maybe could change things, but they've got a long way to go.” 

“[Marriage] should be a states rights issue,” Trump continued. “I can see changes coming down the line, frankly.” 

When asked by Fox if he “might try to appoint justices to overrule the decision on same-sex marriage,” Trump replied, “I would strongly consider that, yes.”

The real estate mogul criticized the Supreme Court for the Obergefell decision imposing homosexual “marriage” on all 50 states last June, but then later in August, Trump voiced support to NBC News for banning companies from firing employees on the basis of sexual orientation. “I don't think it should be a reason” to fire workers, he said at the time on Meet the Press.

The National Organization for Marriage (NOM) and a number influential evangelicals have endorsed Senator Ted Cruz in the race for president. The Texas senator has not only committed to appointing pro-marriage justices, but says the president and the states can rightly defy the “fundamentally illegitimate” ruling just as President Lincoln defied the Dred Scott decision.

NOM has also been highly critical of Trump, saying he has “abandoned” their cause. The organization said in its January 27 blog post just prior to the Iowa Caucus that “Donald Trump does not support a constitutional amendment to restore marriage to our laws. Worse, he has publicly abandoned the fight for marriage. When the US Supreme Court issued their illegitimate ruling redefining marriage, Trump promptly threw in the towel with these comments on MSNBC: ‘You have to go with it. The decision's been made, and that is the law of the land.’”

NOM had said the week before that Trump “has made no commitments to fight for marriage, or the rights of supporters of marriage to not be discriminated against and punished for refusing to go along with the lie that is same-sex 'marriage.'”

New Hampshire voters have been tracked as showing support for homosexual “marriage,” as a poll last February showed 52 percent of Republican NH primary voters saying opposing gay “marriage” is unacceptable.

The latest CNN/WMUR tracking poll shows that overall 33 percent of likely Republican primary voters support Trump, giving him a growing 17-point lead over the nearest GOP contender. RealClearPolitics polling average in the state puts him at 31.0 percent support, with Marco Rubio second at 14.7, John Kasich third at 13.2, and Ted Cruz fourth at 12.7.



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Greg Quinlan

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The unravelling of Chris Christie

Greg Quinlan

February 8, 2016 (LifeSiteNews) -- I'm a member of the clergy and for the past eight years have lobbied the powerful in Trenton, covering the administrations of both Governors Jon Corzine and Chris Christie.  I did much of my work on behalf of the New Jersey Family Policy Council, associated with Tony Perkins' Family Research Council.  I am currently the President of the Center for Garden State Families.

Those of us who are engaged in the fight to secure the right to believe, speak, and practice the Christian faith in America were all heartened by the election of a Pro-Life Governor in 2009.  Not only did Chris Christie run as an open Pro-Lifer, but he adopted a position in support of natural marriage in the course of the campaign.  And when legislative Democrats attempted to pass same-sex marriage in the lame duck session, so they could have outgoing Governor Corzine sign it into law, Chris Christie rallied opposition and stopped it.  Those were the early, hopeful days; but as Governor, Chris Christie has presented himself in an inconsistent, even scatterbrained way, often making decisions that go against earlier stated beliefs. 

One of his first decisions was to make a liberal Democrat the state's Attorney General.  Once approved by the Senate, and she was, the Attorney General could not be fired by the Governor, as was the case with other cabinet officers.  This gave a liberal Democrat enormous power and she used it to join up with liberal Massachusetts Attorney General Martha Coakley in filing a brief against Christians in a case called Christian Legal Society v. Martinez.  Just one day after being sworn in, the newly appointed state Attorney General took the most aggressive legal posture available to defend former Governor Corzine’s one-gun-a-month handgun rationing law, moving to dismiss an NRA lawsuit to overturn the law, and later vigorously opposing the NRA’s motion for a preliminary injunction in the case.  Because of this appointment, New Jersey did not join in the lawsuits to overturn ObamaCare.

Governor Christie appointed a radical "sexologist" to run the NJ Department of Children & Families.  This appointee would later resign when it emerged that she had held the top job in an organization that had supported a study advocating the normalization of some forms of adult-child sex. 

His judicial appointments were also confusing.  While claiming to oppose same-sex marriage, Governor Christie nominated an openly gay Republican to the state Supreme Court who supported it.  Even Democrats wouldn't support this plainly unqualified appointment, and he never served.  The Governor supported the advancement of a liberal Democrat to the job of Chief Justice, while refusing to support the re-appointment of a Republican and the Court's most conservative member.  He also appointed a controversial defense attorney who had defended a number of Islamic extremists who had violated immigration law. 

In 2013, many of those in the Christian community opposed legislation that banned young people from receiving counseling and therapy to lead them away from homosexuality.  As an ex-gay myself, I could have personally attested to the benefits of such counseling, much of which is no different than what is found in contemporary twelve-step programs.  However, the Christian community opposing the ban was not afforded the opportunity to meet with the Governor.  Only the homosexual community with its pro-ban agenda was given that benefit.

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I don't blame the Governor for this, but I do blame his staff.  As President Ronald Reagan said, "personnel is policy," and  Governor Christie's choices in personnel have not advanced the policies he campaigned on, and often it was the direct opposite.   

New Jersey ended up being just the second state in the country that only allows young people to receive counseling that advocates homosexuality, but bans by law counseling that advocates heterosexuality. When he signed it into law, Governor Christie embraced the made-up "science" of the propagandists, when he cited un-specified "research" that "sexual orientation is determined at birth."  This is the so-called "gay-gene" trope that has baffled those engaged in the Science of Genetics because it has never been discovered.

As a candidate for Governor, Chris Christie talked the talk and raised the expectations of Christians in New Jersey. As Governor, and especially in his appointments, Christie undermined our confidence in his leadership. Christians should ask tough questions before extending our faith in him again.



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Center for Medical Progress lead investigator David Daleiden speaks at an event in Washington, DC, before the 2016 March for Life. Lisa Bourne / LifeSiteNews
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Pro-life investigator hits back with new footage after judge blocks release of abortion sting videos

Dustin Siggins Dustin Siggins Follow Dustin

SAN FRANCISCO, February 8, 2016 (LifeSiteNews) -- A new video from the Center for Medical Progress (CMP) shows two National Abortion Federation (NAF) employees saying that abortion clinics would be interested in kickbacks from profits on fetal tissue and body part sales.

The video comes three days after a San Francisco imposed an injunction sought by NAF against CMP videos that one of the abortion group's attorneys said meant that "NAF's members can sleep a little easier tonight."

CMP accused the pro-abortion organization of hiding behind the court.

According to U.S. District Court Judge William H. Orrick, however, NAF "made...a showing" that release of CMP videos would harm rights to privacy, freedom of association, and liberty of NAF members.

URGENT: Sign the petition to Harris County urging them to drop the charges against David Daleiden and Sandra Merritt. Click here.

"Critical to my decision are that the defendants agreed to injunctive relief if they breached the agreements and that, after the release of defendants’ first set of Human Capital Project videos and related information in July 2015, there has been a documented, dramatic increase in the volume and extent of threats to and harassment of NAF and its members," wrote Orrick.

Additionally, the judge found that CMP's videos “thus far have not been pieces of journalistic integrity, but misleadingly edited videos and unfounded assertions," and that nobody from the abortion industry “admitted to engaging in, agreed to engage in, or expressed interest in engaging in potentially illegal sale of fetal tissue for profit" in the CMP videos.

However, in a new video released today that is unrelated to the injunction, a NAF employee told undercover journalists that kickbacks "definitely [sound] like something some [of] our members would be really interested in," with another chiming in that money from private purchasers to abortion clinics were "a win-win" for clinics.

The undercover investigators, who had purported to be part of a biotechnology company with an interest in fetal parts, were offered the chance to be at a NAF conference. “We have an exhibit hall and then we also have the general conference. But I mean, this is a very great way to talk to our members. We have a group purchasing program through our membership,” the journalists were told. “So it seems like this would be a really great option to be able to offer our members, as well.”

This is the second ruling against CMP in recent weeks, and the second by Orrick since July. The San Francisco judge issued a restraining order against CMP related to NAF's 2014 and 2015 meetings in San Francisco and Baltimore that Friday's ruling extended.

The other recent ruling came in the form of an indictment of CMP's David Daleiden and Sandra Merritt. Merritt and Daleiden turned themselves into Houston authorities for booking and processing last week. After being released on bail, Daleiden spoke at a LifeSiteNews/Christian Defense Coalition press conference after which more than 100,000 petition signatures backing Daleiden were dropped off to the Harris County, Texas District Attorney's office.

According to Orrick, who says he reviewed the more than 500 hours of recordings from CMP, "It should be said that the majority of the recordings lack much public interest, and despite the misleading contentions of defendants, there is little that is new in the remainder of the recordings. Weighed against that public interest are NAF’s and its members’ legitimate interests in their rights to privacy, security, and association by maintaining the confidentiality of their presentations and conversations at NAF Annual Meetings. The balance is strongly in NAF’s favor.”

NAF did not respond to a request for comment about the allegations by Orrick and a NAF spokesperson that CMP's videos have caused threats and other security concerns against NAF members.



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