UNACCEPTABLE
February 16, 2012
The Obama administration has offered what it has styled as an "accommodation" for religious institutions in the dispute over the HHS mandate for coverage (without cost sharing) of abortion-inducing drugs, sterilization, and contraception. The administration will now require that all insurance plans cover ("cost free") these same products and services. Once a religiously-affiliated (or believing individual) employer purchases insurance (as it must, by law), the insurance company will then contact the insured employees to advise them that the terms of the policy include coverage for these objectionable things.
This so-called "accommodation" changes nothing of moral substance and fails to remove the assault on religious liberty and the rights of conscience which gave rise to the controversy. It is certainly no compromise. The reason for the original bipartisan uproar was the administration's insistence that religious employers, be they institutions or individuals, provide insurance that covered services they regard as gravely immoral and unjust. Under the new rule, the government still coerces religious institutions and individuals to purchase insurance policies that include the very same services.
It is no answer to respond that the religious employers are not "paying" for this aspect of the insurance coverage. For one thing, it is unrealistic to suggest that insurance companies will not pass the costs of these additional services on to the purchasers. More importantly, abortion- drugs, sterilizations, and contraceptives are a necessary feature of the policy purchased by the religious institution or believing individual. They will only be made available to those who are insured under such policy, by virtue of the terms of the policy.
It is morally obtuse for the administration to suggest (as it does) that this is a meaningful accommodation of religious liberty because the insurance company will be the one to inform the employee that she is entitled to the embryo-destroying "five day after pill" pursuant to the insurance contract purchased by the religious employer. It does not matter who explains the terms of the policy purchased by the religiously affiliated or observant employer. What matters is what services the policy covers.
The simple fact is that the Obama administration is compelling religious people and institutions who are employers to purchase a health insurance contract that provides abortion-inducing drugs, contraception, and sterilization. This is a grave violation of religious freedom and cannot stand. It is an insult to the intelligence of Catholics, Protestants, Eastern Orthodox Christians, Jews, Muslims, and other people of faith and conscience to imagine that they will accept an assault on their religious liberty if only it is covered up by a cheap accounting trick.
Finally, it bears noting that by sustaining the original narrow exemptions for churches, auxiliaries, and religious orders, the administration has effectively admitted that the new policy (like the old one) amounts to a grave infringement on religious liberty. The administration still fails to understand that institutions that employ and serve others of different or no faith are still engaged in a religious mission and, as such, enjoy the protections of the First Amendment.
Signed:
John Garvey
President, The Catholic University of America
Mary Ann Glendon
Learned Hand Professor of Law, Harvard University
Robert P. George
McCormick Professor of Jurisprudence, Princeton University
O. Carter Snead
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Blogger, "Between Two Worlds," The Gospel Coalition
Thomas Peters
Blogger, "American Papist", CatholicVote.org
Independent Scholars, Lawyers, and Think Tanks
Nancy Matthews
Former Chancellor of the Roman Catholic Diocese of Bridgeport
George Weigel
Distinguished Senior Fellow and William E. Simon Chair in Catholic Studies, Ethics and Public Policy Center
William J. Bennett
Host of Morning in America and Washington Fellow, Claremont Institute
Edward Whelan
President, Ethics and Public Policy Center
Michael Novak
George Frederick Jewett Scholar Emeritus in Religion, Philosophy and Public Policy, American Enterprise Institute
Board member, Ave Maria University
Michael Cromartie
Evangelicals and Civic Life Program
Ethics and Public Policy Center
Brian W. Walsh,
Executive Director, American Religious Freedom Program
Ethics and Public Policy Center
Father Shenan J. Boquet
President, Human Life International
Patrick Fagan
Senior Fellow and Director, Marriage & Religion Research Institute
Austin Ruse
President, C-FAM
Father Jonathan Morris
Author, Televison Analyst
Basilica of St. Patrick’s Old Cathedral, NYC
Maggie Gallagher
Institute for Marriage and Public Policy
Scott Klusendorf,
President, Life Training Institute
Robert C. Odle, Jr.
Partner, Weil Gotshal and Manges
William Saunders
Senior Vice President and Senior Counsel
Americans United for Life
Charmaine Yoest
President, Americans United for Life
Edward R. Grant
Vice-Chairman, Americans United for Life Affiliated Scholar, Center for Clinical Bioethics, Georgetown University School of Medicine
Nikolas T. Nikas
President and General Counsel
Bioethics Defense Fund
Dorinda C. Bordlee VP,
Chief Counsel Bioethics Defense Fund
Grace-Marie Turner
President, Galen Institute
Helen Hull Hitchcock
President, Women for Faith & Family
Elizabeth Kirk
University of Notre Dame Fund to Protect Human Life
Pia de Solenni, SThD Diotima Consulting, LLC
Matthew J. Franck
Director, William E. and Carol G. Simon Center on Religion and the Constitution
The Witherspoon Institute
Kristina Arriaga
Executive Director, The Becket Fund for Religious Liberty
Jennifer Roback Morse, Ph.D.
Founding President, The Ruth Institute
John F. Brehany, Ph.D.
Executive Director and Ethicist Catholic Medical Association
Jennifer Bryson
Director, Islam and Civil Society Project
The Witherspoon Institute
Ed Feulner
President
The Heritage Foundation
Andrew T. Seeley, PhD Executive Director
Institute for Catholic Liberal Education
James M. Kushiner
Executive Editor, Touchstone
Executive Director, The Fellowship of St. James
Paige C. Cunningham, JD Executive Director
The Center for Bioethics & Human Dignity
E. Calvin Beisner, Ph.D.
Founder and National Spokesman, Cornwall Alliance for the Stewardship of Creation
Randy Hicks
President and CEO, Georgia Family Council
Eric Cochling
Vice President of Public Policy, Georgia Family Council
Stuart W. Nolan, Jr., Esq.
LegalWorks Apostolate, PLLC
Patrick J. Reilly
President, The Cardinal Newman Society
Alan B. Terwilleger
President BreakPoint/Colson Center
Robert E. Laird, President
Cabrini Center for Catholic Health Care
Kate O’Beirne
President, National Review Institute
Vishal Mangalwadi
Author
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