Mar 132012
 

Despite gallant and repeated efforts by Missouri Senator Roy Blunt, the U.S. Senate has refused to pass any legislation in 2012 to amend the federal health care law (the Patient Protection and Affordable Care Act) to protect religious liberty and rights of conscience. At this time, it appears unlikely that Congress will pass the Respect for Rights of Conscience legislation (S. 1467 or H.R. 1179) this year. Senator Blunt has indicated he will wait until after the fall election; if there is a more favorable U.S. Senate at that time, then he will once again pursue his legislation.

Meanwhile, the so-called “accommodation” announced by President Obama on February 10, 2012, does not respect the rights of conscience of religious employers or others. The grave flaws in the President’s “accommodation” and the rule issued by the Department of Health and Human Services (HHS) have been carefully analyzed by spokespersons for the United States Conference of Catholic Bishops (USCCB):

  • Testimony, February 28, House Judiciary, Bishop William Lori, Bishop of Bridgeport, CT,
  • Letter, March 2, Cardinal Timothy Dolan, President of USCCB
  • Legal memorandum, March 7, Anthony Picarello, Associate General Secretary and General Counsel of the USCCB

Faced with the current impasse, what can be done? In Missouri the general assembly is pursuing passage of legislation that would place in state law a prohibition on government forcing employers or employees from paying for abortion drugs, contraceptives or sterilization procedures. The bills filed are: SB 749, sponsored by Senator John Lamping (R-Clayton); and, HB 1730, sponsored by State Representative Stanley Cox (R-Sedalia).

Some suggest it is futile to pass a state law because federal law supersedes state law. There are two responses to this objection, one related to legal considerations and the other to the value of educating citizens and calling them to action in defense of their religious liberties.

Federal law does supersede state law; however, federal courts may very well rule that this particular federal law is in violation of the U.S. Constitution. If this occurs, the new Missouri law will stand as good law and as an explicit affirmation of Missouri’s policy that religious liberty shall be protected.

Beyond the legal considerations, the process of seeking passage of a state law on religious liberty keeps this issue before Missouri citizens at a time when positive action by Congress seems unlikely. The state legislation serves as a focal point for organizing defense of religious liberty. If Governor Nixon signs SB 749 (or HB 1730) into law, this will send a powerful message to Congress that the states are not waiting on Congress to act in defense of religious liberty. Ultimately, protection of religious liberty will require the active involvement of citizens, which must start on the local and state level. We cannot and must not wait on Congress to protect religious liberty.

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Mar 022012
 

Sen. Claire McCaskill refused Thursday to join her colleague Sen. Roy Blunt in protecting rights of conscience in the new health care law. By a vote of 51 to 48, Sen. McCaskill voted to set aside an amendment by Sen. Blunt to protect the rights of employers to provide health plans in accord with their moral and religious convictions.

Three Democrats – Bob Casey of Pennsylvania, Joe Manchin of West Virginia and Ben Nelson of Nebraska crossed sides and voted with Republicans to support the amendment.

Opponents of the Blunt amendment claimed it would offer an excuse for employers to drop their employees’ health coverage. Sen. Blunt countered that his proposal would simply reiterate conscience protections that had long been in federal law before the new health law was passed. He decried “blatant attempts to frighten and mislead Americans” about the measure.

“I believe what this does is protect First Amendment rights. The first freedom in the founding documents is freedom of religion,” Blunt said during the debate. “Suddenly, we have all these reasons why people can’t make faith decisions that relate to providing health care to employees. I disagree with that.”

Speaking on behalf of the U.S. Catholic Bishops, Bishop William E. Lori of Bridgeport, Conn., chair of the bishops’ committee on religious liberty, vowed that the Church would continue to pursue all legal means to overturn the federal mandate that requires religious employers and others to pay for abortion drugs, contraceptives and sterilization.

Feb 242012
 

In his most recent letter about the abortion-drug mandate, USCCB President Cardinal Timothy Dolan told fellow U.S. Bishops that President Obama’s so-called accommodation on the HHS abortion-drug mandate changed nothing. He asked for the bishops’ continued support in fighting to pass the Respect for Rights of Conscience Act, sponsored by Sen. Roy Blunt.

The letter, released Wednesday, was co-signed by Bishop William Lori, and said that the mandate was a matter of religious liberty: “If the government can, for example, tell Catholics that they cannot be in the insurance business today without violating their religious convictions, where does it end?”

Full text below:

Dear Brother Bishops,

Since we last wrote to you concerning the critical efforts we are undertaking together to protect religious freedom in our beloved country, many of you have requested that we write once more to update you on the situation and to again request the assistance of all the faithful in this important work. We are happy to do so now.

First, we wish to express our heartfelt appreciation to you, and to all our sisters and brothers in Christ, for the remarkable witness of our unity in faith and strength of conviction during this past month. We have made our voices heard, and we will not cease from doing so until religious freedom is restored.

As we know, on January 20, the Department of Health and Human Services announced a decision to issue final regulations that would force practically all employers, including many religious institutions, to pay for abortion inducing drugs, sterilizations, and contraception. The regulations would provide no protections for our great institutions—such as Catholic charities, hospitals, and universities—or for the individual faithful in the marketplace. The regulations struck at the heart of our fundamental right to religious liberty, which affects our ability to serve those outside our faith community.

Since January 20, the reaction was immediate and sustained. We came together, joined by people of every creed and political persuasion, to make one thing resoundingly clear: we stand united against any attempt to deny or weaken the right to religious liberty upon which our country was founded.

On Friday, February 10, the Administration issued the final rules. By their very terms, the rules were reaffirmed “without change.” The mandate to provide the illicit services remains. The exceedingly narrow exemption for churches remains. Despite the outcry, all the threats to religious liberty posed by the initial rules remain.

Religious freedom is a fundamental right of all. This right does not depend on any government’s decision to grant it: it is God-given, and just societies recognize and respect its free exercise. The free exercise of religion extends well beyond the freedom of worship. It also forbids government from forcing people or groups to violate their most deeply held religious convictions, and from interfering in the internal affairs of religious organizations.

Recent actions by the Administration have attempted to reduce this free exercise to a “privilege” arbitrarily granted by the government as a mere exemption from an all-encompassing, extreme form of secularism. The exemption is too narrowly defined, because it does not exempt most non-profit religious employers, the religiously affiliated insurer, the self-insured employer, the for-profit religious employer, or other private businesses owned and operated by people who rightly object to paying for abortion inducing drugs, sterilization, and contraception. And because it is instituted only by executive whim, even this unduly narrow exemption can be taken away easily.

In the United States, religious liberty does not depend on the benevolence of who is regulating us. It is our “first freedom” and respect for it must be broad and inclusive—not narrow and exclusive. Catholics and other people of faith and good will are not second class citizens. And it is not for the government to decide which of our ministries is “religious enough” to warrant religious freedom protection.

This is not just about contraception, abortion-causing drugs, and sterilization—although all should recognize the injustices involved in making them part of a universal mandated health care program. It is not about Republicans or Democrats, conservatives or liberals. It is about people of faith. This is first and foremost a matter of religious liberty for all. If the government can, for example, tell Catholics that they cannot be in the insurance business today without violating their religious convictions, where does it end? This violates the constitutional limits on our government, and the basic rights upon which our country was founded.

Much remains to be done. We cannot rest when faced with so grave a threat to the religious liberty for which our parents and grandparents fought. In this moment in history we must work diligently to preserve religious liberty and to remove all threats to the practice of our faith in the public square. This is our heritage as Americans. President Obama should rescind the mandate, or at the very least, provide full and effective measures to protect religious liberty and conscience.

Above all, dear brothers, we rely on the help of the Lord in this important struggle. We all need to act now by contacting our legislators in support of the Respect for Rights of Conscience Act, which can be done through our action alert on www.usccb.org/conscience.

We invite you to share the contents of this letter with the faithful of your diocese in whatever form, or by whatever means, you consider most suitable. Let us continue to pray for a quick and complete resolution to this and all threats to religious liberty and the exercise of our faith in our great country.

Timothy Cardinal Dolan
Archbishop of New York
President, United States Conference of Catholic Bishops

Most Reverend William E. Lori
Bishop of Bridgeport
Chairman, Ad Hoc Committee for Religious Liberty

 February 24, 2012  Posted by at 8:31 am News, Religious Liberty Tagged with: , , ,  No Responses »