J’ACCUSE! Why Obama is wrong on the HHS conscience regulations

National Catholic Reporter
Distinctly Catholic

21 January, 2012

Reprinted by permission of National Catholic Reporter,
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Michael Sean Winters*

The fact that there is much to defend in the President’s record does not mean that anyone need defend everything in that record, especially something as indefensible as this decision. And, it is a mistake of analysis to see this as a decision about contraception. The issue here is conscience.

President Barack Obama lost my vote yesterday when he declined to expand the exceedingly narrow conscience exemptions proposed by the Department of Health and Human Services. The issue of conscience protections is so foundational, I do not see how I ever could, in good conscience, vote for this man again.

I do not come at this issue as a Catholic special pleader, who wants only to protect my own, although it was a little bracing to realize that the president’s decision yesterday essentially told us, as Catholics, that there is no room in this great country of ours for the institutions our Church has built over the years to be Catholic in ways that are important to us. Nor, frankly, do I come at the issue as an anti-contraception zealot: I understand that many people, and good Catholics too, reach different conclusions on the matter although I must say that Humanae Vitae in its entirety reads better, and more presciently, every year.

No, I come at this issue as a liberal and a Democrat and as someone who, until yesterday, generally supported the President, as someone who saw in his vision of America a greater concern for each other, a less mean-spirited culture, someone who could, and did, remind the nation that we are our brothers’ keeper, that liberalism has a long vocation in this country of promoting freedom and protecting the interests of the average person against the combined power of the rich, and that we should learn how to disagree without being disagreeable. I defended the University of Notre Dame for honoring this man, and my heart was warmed when President Obama said at Notre Dame: “we must find a way to reconcile our ever-shrinking world with its ever-growing diversity — diversity of thought, diversity of culture, and diversity of belief. In short, we must find a way to live together as one human family.”

To borrow from Emile Zola: J’Accuse!

I accuse you, Mr. President, of dishonoring your own vision by this shameful decision.

I accuse you, Mr. President, of failing to live out the respect for diversity that you so properly and beautifully proclaimed as a cardinal virtue at Notre Dame. Or, are we to believe that diversity is only to be lauded when it advances the interests of those with whom we agree? That’s not diversity. That’s misuse of a noble principle for ignoble ends.

I accuse you, Mr. President, of betraying philosophic liberalism, which began, lest we forget, as a defense of the rights of conscience. As Catholics, we need to be honest and admit that, three hundred years ago, the defense of conscience was not high on the agenda of Holy Mother Church. But, we Catholics learned to embrace the idea that the coercion of conscience is a violation of human dignity. This is a lesson, Mr. President, that you and too many of your fellow liberals have apparently unlearned.

I accuse you, Mr. President, who argued that your experience as a constitutional scholar commended you for the high office you hold, of ignoring the Constitution. Perhaps you were busy last week, but the Supreme Court, on a 9-0 vote, said that the First Amendment still means something and that it trumps even desirable governmental objectives when the two come into conflict. Did you miss the concurring opinion, joined by your own most recent appointment to the court, Justice Kagan, which stated:

“Throughout our Nation’s history, religious bodies have been the preeminent example of private associations that have ‘act[ed] as critical buffers between the individual and the power of the State.’ Roberts v. United States Jaycees, 468 U.S. 609, 619 (1984). In a case like the one now before us—where the goal of the civil law in question, the elimination of discrimination against persons with disabilities, is so worthy—it is easy to forget that the autonomy of religious groups, both here in the United States and abroad, has often served as a shield against oppressive civil laws. To safeguard this crucial autonomy, we have long recognized that the Religion Clauses protect a private sphere within which religious bodies are free to govern themselves in accordance with their own beliefs. The Constitution guarantees religious bodies ‘independence from secular control or manipulation—in short, power to decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine.’ Kedroff v. Saint Nicholas Cathedral of Russian Orthodox Church in North America, 344 U.S. 94, 116 (1952).”

Pray, do tell, Mr. President, what part of that paragraph did you consider when making this decision? Or, do you like having your Justice Department having its hat handed to it at the Supreme Court?

I accuse you, Mr. President, as leader of the Democratic Party, the primary vehicle for historic political liberalism in this country, of risking all the many achievements of political liberalism, from environmental protection to Social Security to Medicare and Medicaid, by committing a politically stupid act. Do you really think your friends at Planned Parenthood and NARAL were going to support the candidacy of Mr. Romney or Mr. Gingrich? How does this decision affect the prospects of Democrats winning back the House in districts like Pennsylvania’s Third or Ohio’s First or Virginia’s Fifth districts? How do your chances look today among Catholic swing voters in Scranton and the suburbs of Cincinnati and along the I-4 corridor in Florida? I suppose that there are campaign contributions to consider, but really, sacrificing one’s conscience, or the conscience rights of others, was not worth Wales, was it worth a few extra dollars in your campaign coffers?

I accuse you, Mr. President, of failing to know your history. In 1978, the IRS proposed a rule change affecting the tax exempt status of private Christian schools. The rule would change the way school verified their desegregation policies, putting the burden of proof on the school, not the IRS. By 1978, many of those schools were already desegregated, even though they had first been founded as a means to avoid desegregation of the public schools. But evangelical Christians did not look kindly on the government’s interference in schools they had built themselves and, even though the IRS rescinded the rule change, the original decision was the straw the broke the camel’s back for those who wished to separate themselves from mainstream culture. They formed the Moral Majority, entered that mainstream culture, and helped the Republican Party win the next three presidential elections. You, Mr. President, have struck that same nerve. Catholics built their colleges and universities and hospitals. They did so out of religious conviction and, as often as not, because mainstream institutions did not welcome Catholics. It is one thing to support a policy with which the Catholic Church disagrees but it is quite another to start telling Catholics how to run their own institutions.

I accuse you, Mr. President, of treating shamefully those Catholics who went out on a limb to support you. Do tell, Mr. President, how many bullets have the people at Planned Parenthood taken for you? Sr. Carol Keehan, Father Larry Snyder, Father John Jenkins, these people have scars to show for their willingness to work with you, to support you on your tough political fights. Is this the way you treat people who went to the mat for you?

Zola, of course, wrote his famous essay in response to the Dreyfuss affair. Then, the source of injustice was anti-Semitic bigotry. Today, while I cannot believe that the President himself is an anti-Catholic bigot, he has caved to those who are. In politics, as in life, we are often known by the company we keep. Hmmmm. Sr. Carol Keehan, a woman who has dedicated her life and her ministry to help the ill and the aged or the fundraisers and the lobbyists at NARAL? Is that really a tough call? I have not joined the chorus of those who believe that this administration is “at war” with the Catholic Church. Yet, I must confess, when I first learned the new yesterday, an image came into my head, of Glenn Close and John Malkovich in “Dangerous Liaisons” when Ms. Close looks at Mr. Malkovich and says, “War!” That said, while not wishing to detract one iota from the gravity of this decision, the bishops are well advised not to read more into this than is there. It is a shameful decision to be sure, but it is not the end of the world and war is a thing to be avoided whenever and however possible.

Some Catholics have sought to defend the President, to hope that there might be some silver lining in the decision, to argue that because many Catholics use contraception, or because some states already mandate this kind of coverage, this decision is really no big deal. The fact that there is much to defend in the President’s record does not mean that anyone need defend everything in that record, especially something as indefensible as this decision. And, it is a mistake of analysis to see this as a decision about contraception. The issue here is conscience.

Some commentators, including those in the comment section on my post yesterday, have charged that people like me, Catholics who have been generally supportive of the President, were duped, that we should confess our sins of political apostasy, and go rushing into the arms of a waiting GOP. I respectfully decline the indictment and, even more, the remedy. Nothing that happened yesterday made the contemporary GOP less mean-spirited, or more inclined to support the rights of our immigrant brothers and sisters, or less bellicose in their approach to foreign affairs, or more concerned about the how the government can and should alleviate poverty. It is also worth noting that the night before the decision, Mr. Gingrich said that he would halt the U.S. Justice Department’s suit against the State of Alabama regarding that state’s new anti-immigration law, a law that raises exactly the same kind of issues of religious liberty and the rights of conscience as are raised by the HHS decision. Religious liberty cuts both ways. Nor, is religious liberty the only issue. Voters should still consider how candidates for the presidency are likely to address a host of issues. As for myself, I could not, in good conscience, vote for any of the current Republicans seeking the presidency.

But, yesterday, as soon as I learned of this decision, I knew instantly that I also could not, in good conscience, ever vote for Mr. Obama again. I once had great faith in Mr. Obama’s judgment and leadership. I do not retract a single word I have written supporting him on issues like health care reform, or bringing the troops home from Iraq, or taking aggressive steps to halt the recession and turn the economy around. I will continue to advocate for those policies. But, I can never convince myself that a person capable of making such a dreadful decision is worthy of my respect or my vote.

Cardinal-Designate Dolan Speaks Out Against HHS Rule, Calls For Action In New Web Video

NEWS RELEASE

US Conference of Catholic Bishops

WASHINGTON—Cardinal-designate Timothy Dolan of New York, president of the U.S. Conference of Catholic Bishops (USCCB), sharply criticized the decision by the Obama administration in which it “ordered almost every employer and insurer in the country to provide sterilization and contraceptives, including some abortion-inducing drugs, in their health plans.” He made the statement in a web video posted at: http://bcove.me/ob5itz9v. . .

“Never before has the federal government forced individuals and organizations to go out into the marketplace and buy a product that violates their conscience. This shouldn’t happen in a land where free exercise of religion ranks first in the Bill of Rights,” Cardinal-designate Dolan said.

On January 20, Kathleen Sebelius, secretary of the Health and Human Services, announced that non-profit employers will have one year to comply with the new rule.

Cardinal-designate Dolan urged Catholics and the public at large to speak out in protest.

“Let your elected leaders know that you want religious liberty and rights of conscience restored and that you want the administration’s contraceptive mandate rescinded,” he said.

MEDIA CONTACT:

Don Clemmer O: 202-541-3206 M: 260-580-1137

U.S. Bishops Vow to Fight HHS Edict: Unconscionable to force citizens to buy contraceptives against their will

No change in limited exemption, only delay in enforcement

Matter of freedom of conscience, freedom of religion

NEWS RELEASE

US Conference of  Catholic Bishops

WASHINGTON—The Catholic bishops of the United States called “literally unconscionable” a decision by the Obama Administration to continue to demand that sterilization, abortifacients and contraception be included in virtually all health plans. Today’s announcement means that this mandate and its very narrow exemption will not change at all; instead there will only be a delay in enforcement against some employers.

“In effect, the president is saying we have a year to figure out how to violate our consciences,” said Cardinal-designate Timothy M. Dolan, archbishop of New York and president of the U.S. Conference of Catholic Bishops.

The cardinal-designate continued, “To force American citizens to choose between violating their consciences and forgoing their healthcare is literally unconscionable.It is as much an attack on access to health care as on religious freedom. Historically this represents a challenge and a compromise of our religious liberty.”

The HHS rule requires that sterilization and contraception – including controversial abortifacients – be included among “preventive services” coverage in almost every healthcare plan available to Americans. “The government should not force Americans to act as if pregnancy is a disease to be prevented at all costs,” added Cardinal-designate Dolan.

At issue, the U.S. bishops and other religious leaders insist, is the survival of a cornerstone constitutionally protected freedom that ensures respect for the conscience of Catholics and all other Americans.

“This is nothing less than a direct attack on religion and First Amendment rights,” said Franciscan Sister Jane Marie Klein, chairperson of the board at Franciscan Alliance, Inc., a system of 13 Catholic hospitals. “I have hundreds of employees who will be upset and confused by this edict. I cannot understand it at all.”

Daughter of Charity Sister Carol Keehan, president and chief executive officer of the Catholic Health Association of the United States, voiced disappointment with the decision. Catholic hospitals serve one out of six people who seek hospital care annually.

“This was a missed opportunity to be clear on appropriate conscience protection,” Sister Keehan said.

Cardinal-designate Dolan urged that the HHS mandate be overturned.

“The Obama administration has now drawn an unprecedented line in the sand,” he said. “The Catholic bishops are committed to working with our fellow Americans to reform the law and change this unjust regulation. We will continue to study all the implications of this troubling decision.”

MEDIA CONTACT:

Sr. Mary Ann Walsh O: 202-541-3200 M: 301-325-7935

US Catholic bishops vow to fight government edict

Responding to news that the Obama administration will continue plans to force  employers to pay for employee insurance coverage for contraceptives and embryocidal drugs and services, the US Conference of Catholic Bishops has characterized the decision as an unprecedented attack on religious liberty.  The Conference promises to continue working to reform the law. [USCCB News Release]  Cardinal Designate Timothy Dolan, Archbishop of New York and USCCB president, has issued a video calling for people to let the government know that they want “religious liberty and rights of conscience restored.”

Pope warns of attempts to limit freedom of religion in USA

Addressing American bishops at the Vatican, Pope Benedict XVI warned of “grave threats to the Church’s public moral witness presented by a radical secularism.”  He voiced special concern about “certain attempts” to limit freedom of religion.  “Many of you have pointed out that concerted efforts have been made to deny the right of conscientious objection on the part of Catholic individuals and institutions with regard to cooperation in intrinsically evil practices. Others have spoken to me of a worrying tendency to reduce religious freedom to mere freedom of worship without guarantees of respect for freedom of conscience.” [Text of address]