Evangelicals Disappointed with White House Decision on Conscience Protection

NEWS RELEASE
For Immediate Release:

National Association of Evangelicals

Contact: Sarah Kropp, 202-789-1011

The National Association of Evangelicals (NAE) is deeply disappointed by a White House decision, announced today, that employers with religious objections to contraception will be forced to pay for services and procedures they believe are morally wrong. The unprecedented policy, reaffirming an earlier announcement by Health and Human Services Secretary Kathleen Sebelius, has been strongly criticized by a wide range of religious freedom advocates, including the NAE.

“Freedom of conscience is a sacred gift from God, not a grant from the state,” said Galen Carey, NAE Vice President for Government Relations. “No government has the right to compel its citizens to violate their conscience. The HHS rules trample on our most cherished freedoms and set a dangerous precedent.”

The HHS policy includes a thin exemption for religious organizations that focus only on religious services to their own members. The exemption leaves the vast majority of religious employers who serve the entire community unprotected. If this narrow definition of “religious employer” is adopted in other areas of law, it may lead to further erosion of the conscience protections Americans have historically held.

The NAE calls on Congress to enact legislation restoring conscience protections for all Americans.

Obama Plays Catch 22 with Religious Groups

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Catholic League for Religious and Civil Rights

Catholic League president Bill Donohue addresses the dilemma that the Obama administration has created for religious employers:

Yesterday, the Obama administration mandated that all health insurance plans cover contraceptives and sterilization for women, though it made an exception for religious employers. But did it? Not really. To wit: a religious employer is defined, in part, as one that primarily employs, and serves, persons who share its religious tenets.

Cardinal Daniel DiNardo said this means that “our institutions would be free to act in accord with Catholic teaching on life and procreation only if they were to stop hiring and serving non-Catholics.” He’s right: Catholic schools, hospitals and social service agencies have a long and distinguished record of serving everyone, regardless of religious affiliation; most even employ non-Catholics. However, there are matters, like foster care programs, where same-religion requisites make sense.

The situation is even more pernicious than it looks. Consider that three years ago, then presidential candidate Barack Obama said he opposes allowing faith-based programs to hire only their own people. Since becoming president, he has authorized his administration to consider this issue on a case-by-case basis, and just recently many of his allies lobbied him to gut the religious liberty provision in hiring altogether.

In other words, the Obama administration is playing Catch-22 with religious employers. If they are too religious, Catholic social service agencies risk losing federal funds, but if Catholic hospitals are not sufficiently religious, they cannot be exempt from carrying health insurance policies that transgress their religious tenets.

The Obama administration knows exactly what it is doing, and what it is doing is burning religious institutions at both ends. This is a pretty sick game. But it is one where there is plenty of time left on the clock.


The Catholic League is the nation’s largest Catholic civil rights organization. Founded in 1973 by the late Father Virgil C. Blum, S.J., the Catholic League defends the right of Catholics – lay and clergy alike – to participate in American public life without defamation or discrimination.

Catholic Health Association Response to Women’s Preventive Services Regulations

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Catholic Health Association of the United States

WASHINGTON, D.C. — The following statement is being released by Sr. Carol Keehan, DC, president and chief executive office of the Catholic Health Association of the United States (CHA):

The Catholic Health Association is both pleased and concerned by the U.S. Department of Health & Human Services’ (HHS) recent actions on preventive services for women.

We are delighted that health insurance coverage must include critical screening services without any cost-sharing. What to some may seem like small amounts as co-pays for mammograms, pap smears, etc., has proven to be an effective barrier to care for women who have low incomes.

Our hope is that eliminating this barrier will result in earlier diagnosis at a treatable stage of many diseases such as cancer and diabetes. We applaud this aspect of the recommendations of the Institute of Medicine and their affirmation by the Health Resources and Services Administration.

However, CHA is very concerned about the inadequacy of the conscience protections with respect to the coverage of contraception. As it stands, the language is not broad enough to protect our Catholic health providers. Catholic hospitals are a significant part of this nation’s health care, especially in the care of the most vulnerable. It is critical that we be allowed to serve our nation without compromising our conscience.

HHS is accepting comments on its definition of religious employer and has invited alternative definitions. We will be submitting written comments to HHS and will continue our dialogue with government officials on the essential need for adequate conscience protections.

We appreciate that the Administration does not intend to include abortifacient drugs as covered contraception. Our comments will address our concerns about the mechanism of action of certain FDA-approved contraceptive drugs.


The Catholic Health Association of the United States (CHA), founded in 1915, supports the Catholic health ministry’s commitment to improve the health status of communities and create quality and compassionate health care that works for everyone. The Catholic health ministry is the nation’s largest group of not-for-profit health systems and facilities that, along with their sponsoring organizations, employ more than 750,000 women and men who deliver services combining advanced technology with the Catholic caring tradition.

USCCB: HHS Mandate for Contraceptive and Abortifacient Drugs Violates Conscience Rights

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United States Conference of Catholic Bishops

WASHINGTON—The U.S. Conference of Catholic Bishops (USCCB) sharply criticized a new HHS “preventive services” mandate requiring private health plans to cover female surgical sterilization and all drugs and devices approved by the FDA as contraceptives, including drugs which can attack a developing unborn child before and after implantation in the mother’s womb.

“Although this new rule gives the agency the discretion to authorize a ‘religious’ exemption, it is so narrow as to exclude most Catholic social service agencies and healthcare providers,” said Cardinal Daniel N. DiNardo, Archbishop of Galveston-Houston and chairman of the USCCB Committee on Pro-Life Activities.

“For example, under the new rule our institutions would be free to act in accord with Catholic teaching on life and procreation only if they were to stop hiring and serving non-Catholics,” Cardinal DiNardo continued.“Could the federal government possibly intend to pressure Catholic institutions to cease providing health care, education and charitable services to the general public?Health care reform should expand access to basic health care for all, not undermine that goal.”

“The Administration’s failure to create a meaningful conscience exemption to the preventive services mandate underscores the need for Congress to approve the Respect for Rights of Conscience Act,” the Cardinal said.That bill (H.R. 1179), introduced by Reps. Jeff Fortenberry (R-NE) and Dan Boren (D-OK), would prevent mandates under the new health reform law from undermining rights of conscience.

Cardinal DiNardo added: “Catholics are not alone in conscientiously objecting to this mandate.The drugs that Americans would be forced to subsidize under the new rule include Ella, which was approved by the FDA as an ‘emergency contraceptive’ but can act like the abortion drug RU-486. It can abort an established pregnancy weeks after conception. The pro-life majority of Americans – Catholics and others – would be outraged to learn that their premiums must be used for this purpose.”

“HHS says the intent of its ‘preventive services’ mandate is to help ‘stop health problems before they start,’ said Cardinal DiNardo. “But pregnancy is not a disease, and children are not a ‘health problem’ – they are the next generation of Americans.”

“It’s now more vital than ever that Congress pass the Respect for Rights of Conscience Act to close the gaps in conscience protection in the new health care reform act, so employers and employees alike will have the freedom to choose health plans in accordance with their deeply held moral and religious beliefs.”

In a July 22 letter supporting the bill, Cardinal DiNardo wrote: “Those who sponsor, purchase and issue health plans should not be forced to violate their deeply held moral and religious convictions in order to take part in the health care system or provide for the needs of their families or their employees.To force such an unacceptable choice would be as much a threat to universal access to health care as it is to freedom of conscience.”

Cardinal DiNardo also addressed the Institute of Medicine’s recommendations on preventive services for women in a July 19 statement.

AULA Calls for strong conscience clause protection for medical professionals

“No longer should the civil rights of medical professionals be held hostage to political interests,” said Dr. Charmaine Yoest.

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Americans United for Life

WASHINGTON, D.C. – Americans United for Life president and CEO Dr. Charmaine Yoest noted that the Obama Administration had rescinded almost all of the regulation protecting conscience rights for medical professionals – except the provision to file a complaint with the Office of Civil Rights at the Department of Health and Human Services.

“AUL predicted that the rights of conscience of medical professionals could be violated without stronger protections,” said Dr. Yoest. “This must come to an end. No longer should the civil rights of medical professionals be held hostage to political interests.” She continued: “Today the Obama Administration acknowledged that it is a civil right not to participate in an abortion, but in the same breath weakened federal regulations designed to protect that right. This underscores the necessity for Congressional action; health care providers must have an effective means to enforce their rights written in the law. The protection of the basic civil right to provide care without participating in life-destructive activities must not be dependent on the whims of an Administration that has made expanding abortion central to its mission.”

The Obama Administration received more than 300,000 comments when it announced in 2009 that it intended to rescind regulations enacted under the Bush Administration to uphold federal conscience protection laws. Nearly two-thirds of those comments expressed opposition to rescinding the conscience-protecting regulations.

For more information or interviews, contact Kristi Hamrick press@aul.org