Posts Tagged ‘Religious Liberty’

A Prayer for Our Beloved Nation

Tuesday, June 12th, 2012

Just over four years ago, Peggy and I had the privilege of attending the beautiful Mass offered by Pope Benedict at Yankee Stadium.  Like many in the Stadium, we were caught up in the power of the event — the leader of the Church around the world had come to our home town and was celebrating the Eucharist for us.  It was the pinnacle of the Holy Father’s visit to our nation, and a wonderful moment for us as Catholics.

Throughout his visit to America, the Holy Father spoke in such positive terms about our nation’s legacy of freedom.  At the time, it would have been easy for most Americans to overlook the significance of remarks like these:

In this land of religious liberty, Catholics found freedom not only to practice their faith, but also to participate fully in civic life, bringing their deepest moral convictions to the public square and cooperating with their neighbors in shaping a vibrant, democratic society. Today’s celebration is more than an occasion of gratitude for graces received. It is also a summons to move forward with firm resolve to use wisely the blessings of freedom, in order to build a future of hope for coming generations.

How much things have changed, and how prophetic the Holy Father has proven to be.

Just a few years after that papal visit, we are faced with a panoply of threats to our fundamental religious liberty, which few could have foreseen — the legal re-definition of marriage; the mandates for insurance coverage of sterilization, abortion drugs, and contraceptives; forcing people to pay for insurance coverage of direct abortion; the refusal of our government to recognize the conscience rights of religious institutions.  The path forward is daunting, and we are likely to see more and more restrictions on religious participation in public life.

In these times, it is all the more important to go back to basics, to recapture those essential ideals of America about which the Holy Father spoke.  And to turn to God in prayer for our nation.

This is what is motivating the United States Bishops in their call for a prayerful “Fortnight for Freedom”, from June 21 through July 4.  They are asking us to join in “a great hymn of prayer for our country”, with special liturgical events like Holy Hours and litanies, and public witness like the ringing of church bells and processions.  It is an event of public devotion and worship — directed to God, on behalf of our beloved nation.

Of course, the Fortnight for Freedom risks being misunderstood by our modern culture, with its obsession with electoral politics.  The Fortnight is not about partisan politics, it has nothing to do with elections, and it is not concerned with who holds public office.  It is a call for all Americans — Catholics and non-Catholics alike — to recapture our sense of priorities.  The goal is to reawaken our sense of dependence on God for the well-being of our nation, and our commitment to transforming all of society in the light of the Gospel.

I believe that, in his homily at Yankee Stadium, Pope Benedict foresaw the need for the Fortnight for Freedom, and anticipated its message and its importance.  He spoke of our daily prayer for the coming of the Kingdom of God, and dedicating ourselves to its growth throughout our society.  Speaking of the significance of this prayer, he added:

It means facing the challenges of present and future with confidence in Christ’s victory and a commitment to extending his reign. It means not losing heart in the face of resistance, adversity and scandal. It means overcoming every separation between faith and life, and countering false gospels of freedom and happiness… It means working to enrich American society and culture with the beauty and truth of the Gospel, and never losing sight of that great hope which gives meaning and value to all the other hopes which inspire our lives.

We are proud to be Americans, and we are proud to be Catholics.  We will gladly join together with our brothers and sisters across our nation during the Fortnight for Freedom.  We pray that our beloved nation, under God, will respect our fundamental human rights, particularly our right to religious liberty, and that this freedom will always be held sacred and secure.

Rallying for Religious Liberty

Friday, June 8th, 2012

(I had the privilege of addressing the June 8 Stand Up for Religious Liberty Rally, which was held on the steps of Federal Hall in lower Manhattan — the location where the Bill of Rights was passed. Other speakers included Chris Bell from Good Counsel Homes, Dr. Anne Nolte of the Gianna Center, Maria McFadden Maffucci of the Human Life Review, and Dr. Alveda King.  Dozens of similar rallies were held across the country.  Here are the remarks I offered.)

We are gathered here in a place where our human rights — including the freedom of religion — were recognized at the foundation of our nation.

We are gathered here today as people of many faiths, but we share some common truths. We believe that God created each and every human person in His image and likeness, male and female he created us. We believe that there is a purpose and meaning in our sexuality, and that there is a fixed eternal definition of marriage (one man, one woman, open to new life). We believe that fertility is a gift, and that every life is a blessing to be protected and cherished. We believe that we have the fundamental right to live according to these truths, to live according to our faith, and that no government, no law, can take these rights away.

But now, we are now faced with a government, with a law, that is trying to take these rights away. We are facing an ideology based on lies — the lie that marriage can be redefined, that fertility is a curse, that life is a burden to be discarded when unwanted, and that religious faith should be removed from public life. This government is trying to divide us, and force us to reject the truth that we hold to, to reject our faith, and to live according to their lies.

We cannot stand for this. We are united in the defense of our religious freedom. We are united in standing up for the truth. We will resist this. We are not powerless — our unity and our faith in God gives us strength. We can do all things in Him who strengthens us.

Our resistance does not come with a spirit of anger or hatred. It comes from love — love for God, love for our nation, love for those who oppose us, love for our children and neighbors, and love for the truth. We are not about politics. We are about principle. We do not ask for special treatment. We ask only for our rights. We are not looking to divide. We wish to unite, and heal. We are not seeking power. We are seeking conversion. We are not “protestors”. We are American citizens — and proud of it.

Later this month, people of faith across our nation will join in a Fortnight for Freedom – a great prayer for our nation.

We pray that our government will respect fundamental rights.

We pray that all Americans will re-dedicate themselves to the freedoms we hold most dear.

We pray that our nation, under God, will have a new birth of freedom, and that faith, and truth, and liberty, will never be threatened again.

The Resistance Begins

Thursday, May 24th, 2012

On Monday, May 21, lawsuits were filed across the nation by Catholic dioceses and institutions, challenging the contraception and abortion mandates. This is a historic step — never before have so many dioceses taken legal action to defend our rights.

The Archdiocese of New York (and our health care agency, ArchCare) and the Diocese of Rockville Centre were among the dioceses to file suit. Other cases were filed by the Archdioceses of Washington and St. Louis, the Dioceses of Dallas, Erie, Pittsburgh, Fort Worth, Jackson, Biloxi and Joliet, numerous Catholic Charities agencies and schools, as well as Notre Dame University, Catholic University, and Franciscan University. A press release about the Archdiocese lawsuit can be found here. A press release from Cardinal Dolan on behalf of the USCCB can be read here.

The grounds for these lawsuits include the Free Exercise, Establishment and Free Speech clauses of the First Amendment, and the federal Religious Freedom Restoration Act. The essential arguments are that the HHS mandate intrudes upon our religious freedom by forcing our institutions to cooperate with moral evil and by intruding upon our internal governance.

On a larger level, the lawsuit is about a question that goes to the heart of what it is to be an American of faith — can the government decide which religions they will approve and which they will punish?  In other words, will we have an Established Church here in America — one that must bow to the policy preferences of the current Administration?

To ask the question is to answer it.  For most of us, our ancestors came here hoping to enjoy freedom to worship God as they wished, without the orders or demands of the state.

This is a very important step in resisting the violation of our religious liberties by the government.  We should all pray for its success.

The Power of the Powerless

Tuesday, May 15th, 2012

In my last post, I outlined the need for resistance against unjust laws that threaten the freedoms of religious and pro-life people.  In this post, I’m going to present a “menu of resistance” — essentially a list of things that people can do to give actual life to their conscientious objections to injustices like the contraception and abortion mandates, attempts to force the recognition of same-sex “marriages”, restrictions on free speech, and the like.

Before presenting these suggestions, I would like to stress several important points.

First, this is not an official statement or position of the Archdiocese of New York — it is my opinion, and mine alone. Take these ideas for what they’re worth, but they are not attributable to the Archdiocese in any way.

Second, I don’t want anyone to be under any illusion here — some of these suggestions may lead people into legal difficulties with the authorities.  Governments generally are very intolerant of dissent and civil disobedience.  So people should assess their level of risk, and prepare themselves to accept the consequences of their actions.

Third, and most important, the watchword of resistance to injustice is always that we speak the truth with love.  That is non-negotiable.  Our aim is the conversion of hearts, not the exertion of power.

With that having been said, here are some suggestions about how people can

  • Learn about your rights.  Most states have laws that grant protection to religious belief.  For example, here in New York, our Human Rights Law contains fairly broad protection against discrimination on the basis of religious belief, and requires employers to make reasonable accommodations for believers.  Courts in New York have already held that opposition to abortion is protected under these laws.
  • Take advantage of the law.  Many unjust laws provide for exemptions and appeals.  For instance, private employers can file for an exemptions from the HHS abortion/contraception mandate.  Wouldn’t it be wonderful if HHS received a letter from every parish, every school, every hospital, every nursing home, every Catholic employer in the United States — thousands of requests for exemptions that they would have to process?  Do you think that might let them understand how significant an intrusion their mandate is?
  • Use the government’s own legal process.  Appeal any denial of a request for an exemption.  File complaints with civil rights offices of government agencies when they try to force you to cooperate with unjust laws.  Explain to them that complying with the law would violate your Constitutional rights.  For example, you can file a complaint with the Civil Rights Office of HHS here.  All states (like New York) and most localities also have human rights commissions — file complaints with them as well.
  • Be persistent.  Protest letters to government agencies are likely to be ignored at first, or summarily denied without any reason.  If that happens, appeal to higher authorities at the agency, and go up the ladder, all the way to the person in charge.
  • Ask your elected officials for help.  Send copies of your complaints and appeals to your representatives in Congress or the State Legislature.  Ask them to intervene with the agency on your behalf.  Insist that they send you a response.  Go to their district office and ask for help in person.
  • Always tell the truth. Never tell a lie to a government official — if it’s a federal official, that’s a crime.  So, for example, if you are called upon to fill out a form, and it asks for an answer that you cannot honestly give, leave it blank and write a cover letter explaining your objection.
  • Don’t pay for injustice.  Refuse to pay fees for insurance coverage for abortion and contraception.  Write to your health insurance company and ask for a rebate for any funds spent on abortion.  When they ignore you, write to the board of directors and the president of the company.  If they insist that you pay, send them the fee in pennies, write a polite protest letter.
  • Write to your elected officials.  Make clear to them that you want them to pass just laws, and repeal unjust laws.  Do it over, and over, and over.  Join email networks like the New York State Catholic Conference Advocacy Network and the National Committee for a Human Life Amendment and send easy emails to your representatives.
  • Write to candidates.  Explain to them that you will never vote for them unless they oppose unjust laws.  If you can’t think of anything else to say, tell them that you agree with Cardinal Egan:  “Anyone who dares to defend that [an unborn child] may be legitimately killed because another human being ‘chooses’ to do so or for any other equally ridiculous reason should not be providing leadership in a civilized democracy worthy of the name”.
  • Don’t vote for them.  Speaking for myself, I don’t care if you’re a Republican or a Democrat. If you don’t respect human life, don’t see the need to preserve marriage as one man and one woman, and won’t defend religious liberty, I won’t vote for you.  I refuse to choose “the lesser of two evils” — because then, all I’ll ever get is evil.
  • Participate in public witness.  It is vitally important that we be seen by the general public as sane, reasonable, committed people.  Participate in prayerful and peaceful vigils like those run by the Helpers of God’s Precious Infants.  Join positive, well-informed rallies like the ones sponsored by “Stand Up for Religious Freedom”.  Always obey the law.  Remember — numbers don’t matter — witness does.
  • Support lawsuits against unjust laws.  There are many great organizations that are fighting in court to defend religious liberty, like the Alliance Defense Fund and the Becket Fund.  If you have some extra, send them some cash.  Join their lawsuits — wouldn’t it be great if a million Catholics joined a gigantic class action suit against the contraceptive and abortion mandates?
  • Refuse to speak the lie. Always tell the truth — abortion is not health care, contraception is bad for women, men and society, marriage is only a union of one man and one woman, and religious belief is not hatred or bigotry.  Remember, your silence may be taken as agreement or surrender, so make sure that you speak out.
  • Don’t cooperate in the lie.  Don’t do anything that will recognize the lie.  For example, don’t give your employees information about contraception or abortion coverage, erase it from your company’s plan books, refuse to recognize any same-sex marriages.  Remember that human rights laws protect religious liberty.  If you think your rights are in danger, use the magic words — “I’m going to consult with a lawyer”.  Then call a group that defends liberty, like the Alliance Defense Fund.
  • Stick together. One of the things that people find demoralizing is the sense that they’re all alone, and that nobody agrees with them.  But we are not alone — we’re a gigantic movement.  So, write letters to the editor of your newspaper, post comments on friendly blogs (and ignore the flames that come back in response), put the truth up on your Facebook page (even if people will “unfriend” you), pass around supportive emails, join a pro-life organization like the Knights of Columbus or your local pro-life committee.
  • Pray, pray, pray.  For everyone involved — those being oppressed as well as their oppressors.  This is not going to be easy.  But remember what St. Paul said:  “For the sake of Christ, then, I am content with weaknesses, insults, hardships, persecutions, and calamities; for when I am weak, then I am strong.” (2 Cor 12:10)
  • Resistance reminds people of a sense of their power, even when they appear to the whole world to be powerless.  The truth, expressed with love, is an enormously influential force.  Worlds and lives can change, when people have the courage to testify to the truth.  We can lift each other up by our steadfastness.

    Even if we have no idea how our actions will play out, each individual moral act will have a ripple effect, the ends of which we cannot foresee.  Even if we never see the end result, we can always be satisfied that we have been faithful to our beliefs.

    And we can never underestimate the power of the powerless.  Especially when God is with us.

     

    Revision and Resistance

    Monday, May 14th, 2012

    Most people are not aware of it, but the founding documents of our nation have been fundamentally re-written in recent years.  Here is how the key passage of the Declaration of Independence has now been revised to read:

    We hold these truths to be self-evident, that some people are created more equal than others, that some of them are endowed by their government with certain alienable rights that can be given or taken away at any time, at the whim of the government.

    And here is part of the First Amendment to the Constitution:

    Congress shall make many laws respecting an establishment of religion, and prohibiting the free exercise thereof.

    We now live in a nation that is systematically revising its intellectual and legal foundation.  We are in grave danger of abandoning its commitment to fundamental human rights, rooted in human nature and natural law.  That foundation is being replaced by a system of positivism and secularism.  I have written on this blog many times about this trend.  For a fuller explanation of what it means, check out Cardinal Dolan’s important address to Fordham Law School.

    In concrete terms, we can see these threats to religious liberty and fundamental rights in many places: the HHS Mandate, the abortion mandate in the health care law, the radical re-definition of marriage, and efforts to suppress the speech of pro-lifers.

    In the face of these threats to our liberties, ordinary citizens frequently feel powerless.  After all, the government is very large and very powerful, and we think we are isolated and alone.  We fear for our livelihoods and our families if we run afoul of the law.

    So what can we do?

    We must resist.

    The starting place for resistance is to understand what it means, and what it does not.  I strongly urge everyone to read two key works that explain the reasons and tactics for resisting unjust laws enacted by civil governments — Henry David Thoreau’s Civil Disobedience, and Vaclav Havel’s The Power of the Powerless.

    These essays stress a number of essential points:

  • Resistance is a duty of all citizens when faced by injustice.  It is not an “extra-credit” activity.
  • It must be always be grounded in the truth.  It makes no compromise with lies, and always seeks to expose them.
  • It must always be pursued with love and respect.  It is not an excuse for violence and lawlessness.
  • The goal is conversion of heart on the part of those who support injustice, not overbearing their will with power.  It’s message always is “come, join us”, and never “we will force you to agree”.
  • The most important tactic is our willingness to testify to the truth by our words and our actions, and our refusal to cooperate with injustice and lies.
  • Underlying this duty of resistance is an important understanding of the freedom of conscience.  My conscience is not just reflected in my external decisions, but it involves the very core of who I am as a human person.  It is the inner sanctuary where I encounter God’s law.   It is in my conscience that I hear the voice of God, speaking the truth to me.  It is there that I must be true to myself, and to the will of God.

    The Catechism of the Catholic Church and the document of the Second Vatican Council, On the Dignity of the Human Person (especially paragraph 3), explain this beautifully.  These documents should also be studied with care.

    The government may attempt to coerce my external cooperation with injustice by imposing penalties, fines, and so on.  But no government, and no law, can force me to accept a lie as the truth.

    That is the heart of resistance — the ultimate freedom of the human heart.

     

    A Timely Reminder About Christians in the World

    Friday, May 11th, 2012

    One of the wonderful ways in which Providence acts is through the liturgy.  So often, the readings offered to us by the Church for public worship are exactly what we need to hear at a particular moment in our lives.  These are not coincidences — they are a way in which God reveals His truth and his will to us.

    And just so, on Wednesday.  That was the day that the President announced his “evolution” on the redefinition of marriage, a development that bodes ill for the religious liberty of Christians in this nation.  On that day, the Divine Office presented this excerpt from the Letter to Diognetus (a work of Christian apologetics that dates from the second century) as part of the Office of Readings:

    Christians are indistinguishable from other men either by nationality, language or customs. They do not inhabit separate cities of their own, or speak a strange dialect, or follow some outlandish way of life. Their teaching is not based upon reveries inspired by the curiosity of men. Unlike some other people, they champion no purely human doctrine. With regard to dress, food and manner of life in general, they follow the customs of whatever city they happen to be living in, whether it is Greek or foreign.

    And yet there is something extraordinary about their lives. They live in their own countries as though they were only passing through. They play their full role as citizens, but labor under all the disabilities of aliens. Any country can be their homeland, but for them their homeland, wherever it may be, is a foreign country. Like others, they marry and have children, but they do not expose them. They share their meals, but not their wives. They live in the flesh, but they are not governed by the desires of the flesh. They pass their days upon earth, but they are citizens of heaven. Obedient to the laws, they yet live on a level that transcends the law.

    Christians love all men, but all men persecute them. Condemned because they are not understood, they are put to death, but raised to life again. They live in poverty, but enrich many; they are totally destitute, but possess an abundance of everything. They suffer dishonor, but that is their glory. They are defamed, but vindicated. A blessing is their answer to abuse, deference their response to insult. For the good they do they receive the punishment of malefactors, but even then they rejoice, as though receiving the gift of life. They are attacked by the Jews as aliens, they are persecuted by the Greeks, yet no one can explain the reason for this hatred.

    To speak in general terms, we may say that the Christian is to the world what the soul is to the body. As the soul is present in every part of the body, while remaining distinct from it, so Christians are found in all the cities of the world, but cannot be identified with the world. As the visible body contains the invisible soul, so Christians are seen living in the world, but their religious life remains unseen. The body hates the soul and wars against it, not because of any injury the soul has done it, but because of the restriction the soul places on its pleasures. Similarly, the world hates the Christians, not because they have done it any wrong, but because they are opposed to its enjoyments.

    Christians love those who hate them just as the soul loves the body and all its members despite the body’s hatred. It is by the soul, enclosed within the body, that the body is held together, and similarly, it is by the Christians, detained in the world as in a prison, that the world is held together. The soul, though immortal, has a mortal dwelling place; and Christians also live for a time amidst perishable things, while awaiting the freedom from change and decay that will be theirs in heaven. As the soul benefits from the deprivation of food and drink, so Christians flourish under persecution. Such is the Christian’s lofty and divinely appointed function, from which he is not permitted to excuse himself.

    Thank you, Lord, for your timely reminder that we are citizens of Your heavenly kingdom, passing through this valley of tears, and that we should comport ourselves accordingly.

    Mandate Fact #3 — Dragging Words Out of Our Mouths

    Tuesday, April 3rd, 2012

    One of the most common claims that we’ve heard is that the HHS mandate actually won’t be a big deal in practice, and that the Church is either “crying wolf” or being hyper-sensitive.  The argument is that the Administration’s “accommodation” means that the responsibility for paying for the offensive services has been shifted from the employer to the insurer, so religious employers and individuals have nothing to worry about.

    This is not at all accurate, and fails to account for how the mandate will work in practice.

    The reality is that the mandate will drag words out of our mouths that we would never freely choose to utter, and force us to do things that we would never freely do.  It will coerce direct and repeated conduct and speech by Church employees — acting on the authority of and in the name of the diocese and the bishop.

    Consider how an employer selects and administers a health insurance program for their employees.  Contracts for health insurance coverage must be negotiated and signed by a diocesan official, usually a high ranking official like the director of Human Resources, the Chief Financial Officer, or the Chancellor.  These contracts are then packaged into a plan booklet, which is issued by the Human Resources office in the name of the diocese, and usually accompanied by a letter to employees from a high ranking official — or even the bishop himself.  Details about the plan are usually incorporated into the official personnel manual of the diocese, which is issued by the Human Resources department and often promulgated by the bishop himself or a high ranking official designated by him.

    Officials in the Human Resources department, and every individual department and institution, will process applications for insurance coverage, and will routinely discuss the details of the plan with current and prospective employees.  In the case of any self-insured diocese, there is a further layer of involvement between the diocese and the services, since diocesan officials or their agents will have to issue checks drawn on diocesan funds, to pay for the services.

    At each of these instances, a diocesan official would be taking formal and specific knowledge of the details of the health insurance plan.  They will also be required to do things — taking a action or making a statement — that specifically endorse the insurance policy as a formal act of the diocese, and thus of the bishop himself.

    This strikes directly at the heart of individual and institutional freedom of conscience.  Throughout American history, we have shown by exempting people from laws that would violate their religious beliefs — for example, think of Jehovah Witnesses and the Pledge of Allegiance, or Quakers with the military draft.  Our laws contain hundreds of such exemptions.  They represent, in many ways, the best part of the American character.

    This regulation, on the other hand, represents the worst part of modern America — the exercise of raw political power to deny the rights of an entire class of people, and to benefit a favored class of political supporters, all in the service of an anti-life ideology.

    We must resist.

    Mandate Fact #2 — Big Brother is Coming to Visit our Churches

    Wednesday, March 28th, 2012

    This is the second in a series of posts about the HHS Mandate that all health insurance policies cover contraceptives (including drugs that cause early abortions) and sterilizations.  There are so many misconceptions about what this mandate will involve, that I thought it would be helpful to lay out the facts.

    Supporters of the mandate like to say that the various “compromises” and “accommodations” proposed by the Administration will ensure that individuals and religious institutions will be left alone and won’t have to do anything that violates their rights.

    This fails to appreciate how the mandate will work in the real world.  This mandate will inevitably lead to intrusive and offensive government investigations into religious organizations.

    In order to qualify for the religious employer exemption, every religious organization will have to file with HHS a certification that they satisfy all the criteria.  Since our parishes and schools are each separate employers, every single parish and every single school will have to file such a statement.

    By filing that statement, every single one of our parishes, schools, and other agencies will be vulnerable to compliance investigation by HHS.   Think for a second about this staggering scenario.  Imagine an HHS employee who has the authority to grant or deny exemptions, and thus to levy onerous fines.  This official will have the authority to come into our buildings and demand that a pastor or principal produce proof of the religious mission of the parish or school.  He could demand that they document how they and their staffs spend their time, to see if they are really engaged in religious work.  He can demand records about the religious affiliation of their employees and staff, and on the students in the school or religious education program or youth sports program.  Nobody knows what criteria he will use to evaluate this information, or what standards the parish or school will have to meet.

    It is difficult to conceive of a more intrusive and arbitrary government interference with the internal operations of a Church agency.  It’s like a scene from a Kafka novel.  Anyone who has ever had dealings with the IRS, the EPA, the Unemployment Office, or any other powerful, impersonal, unaccountable government agency, would recoil in horror.

    This kind of intrusion is utterly inconsistent with authentic religious liberty, as upheld in the recent Supreme Court decision in the Hosanna Tabor case, which upheld the freedom of churches to govern their internal affairs, free from state interference.  In fact, the risk of this kind of entanglement between the government and religious institutions was a significant factor in that decision.

    Is this really what we want — where the government will come directly into the internal affairs of our churches and pass judgment on whether we’re “religious” enough?  In America?

    Thanks to the HHS Mandate, it’s not only conceivable, it’s inevitable.

    Mandate Fact #1 — The Religious Employer Exception is Very Narrow

    Monday, March 26th, 2012

    The Church has been spending a great deal of energy trying to educate people about the HHS Mandate that all health insurance policies cover contraceptives (including drugs that cause early abortions) and sterilizations.  There are many misconceptions about the scope of the mandate.

    I have now blogged on this subject several times, but now I’d like to explain some of the essential facts that people need to know about the impact of the mandate.

    We frequently hear the argument that the Church is not justified in objecting to the mandate, because  the employer exemption — the main subject of the series of “compromises” and “accommodations” announced by the Administration — encompasses all churches and religious orders.

    This is not accurate.  The extent of the religious exemption in the health care law (officially known as the “Affordable Care Act” or “ACA”) is so narrow that it will reach very few Church institutions.

    We must recall that, in the Archdiocese and in many other dioceses, each individual parish, school, and institution is a separate legal corporation.  Under the law, they are considered the actual “employer” of their staff — not the diocese as a whole.  It is also important to recognize that the ACA imposes inter-related mandates on individuals, employers and insurers — but only employers are afforded any possibility of conscience protection.

    In applying the actual exemption, we will have to do an institution-by-institution analysis.  Under the law, our parishes, schools, and other agencies would be exempt only if all four of the following criteria are met:

    (a) its purpose is the inculcation of religious values,
    (b) it primarily hires persons who share the organization’s religious tenets,
    (c) it primarily serves person who share those tenets, and
    (d) it is a nonprofit as described in sections of the IRS code relating to churches, their integrated auxiliaries, conventions or associations of churches, and the exclusively religious activities of a religious order.

    It is likely that the exemption would cover most parish churches.  But note that it is only “likely” and “most”, since it is by no means certain that all Catholic parishes “primarily hire” Catholics.  Under federal, state and local laws that ban religious discrimination, only a few parish positions that would be considered ministerial (e.g., Director of Religious Education, music directors) can be reserved for Catholics, and all other non-ministerial positions (e.g., secretaries, maintenance men) must be open to non-Catholics.  In fact, for those positions, it is probably illegal even to ask about an applicant’s religious beliefs.  As a result, it is entirely conceivable that some parishes would fail to satisfy the “primarily hires Catholics” requirement of the exemption — an astonishing result.

    I also wonder how many of our schools would be covered by the exemption.  Certainly, one of the primary purposes of our Catholic schools is to inculcate religious values, but what if HHS decides that it has to be the sole purpose, in order to qualify?  In addition, our schools are open to children of every faith, and many of them have a majority of non-Catholic students — which means they would fail the “primarily serves Catholics” requirement.  Again, this would be an amazing result — that the government would decide that a Catholic school is not enough of a religious institution to qualify for the exemption.

    As for our social service agencies, and hospitals, there is no question that they fail each part of the test, and could not avail themselves of the exception — their purpose is not to teach religious values, and they neither serve nor employ primarily Catholics.  Once again, we have the absurd result in which agencies who absolutely consider themselves to be religious in nature and in mission, will be found by the government to be not sufficiently religious.

    These basic facts are important for people to understand, if they are going to fully appreciate the extreme nature of the HHS mandate, and how it will violate our religious liberties.

    More to follow.

     

    Rallying for Religious Liberty

    Friday, March 23rd, 2012

    Today is the second anniversary of the passage of the health care reform bill, known as the Affordable Care Act. Today was also a day on which thousands of Americans, across our nation, gathered at rallies to defend religious liberty.

    I was privileged to address the rally at Federal Hall in lower Manhattan, both to add a few words of my own, and to read a letter of support from Cardinal Dolan.

    We stood in the shadow of the statue of George Washington, one of the great defenders of religious liberty. We gathered at the spot where the first Congress enacted the Bill of Rights. We were there to decry the threat to religious liberty posed by the Affordable Care Act.

    In his encyclical, The Gospel of Life, Pope John Paul warned of the dangers of a totalitarian form of democracy — where laws are enacted that violate the fundamental moral law, and endanger authentic freedom and dignity.

    The ACA takes a dangerous step in that direction. To understand this, we must look behind the details of mandates, “accommodations” and “compromises”. We must recognize that the ACA embodies a totalitarian mindset that is fundamentally incompatible with liberty.

    This law reaches every American citizen, every American business, every religious organization. Its reach is unprecedented, and vast. All individuals and institutions in America will be brought into line with an state-approved anti-life ideology that views fertility as a threat, pregnancy as a disease, and children as a burden to be eliminated. Churches and religious organizations will be defined by the government, and vulnerable to penalties if they dissent or resist. Faith-based institutions will be subject to intrusive investigation by officials who will pass judgment on the nature and legitimacy of their religious purpose and the beliefs of their staffs and the people they serve. Religious people will be coerced into speech and actions that endorse and promote things they find morally reprehensible. Even members of religious communities, like the Sister of Life, will be forced to violate their sacred vows or face punitive fines.

    The temptation is to tinker around the edges of this threat, make compromises, and protect narrow institutional interests. But all that does is delay the inevitable, and lull us back into denial.

    Surely we have passed that point, and instead have reached what biographer Eric Metaxas has called a “Bonhoeffer moment”. Dietrich Bonhoeffer, the great German Lutheran theologian, worked mightily to resist the National Socialist ideology and the Nazi regime. At first, he tried to do so within the system, but eventually he realized that this was not possible, and that he had reached a time to stand firmly but lovingly in defense of religious liberty and the Church, even to the point of suffering.

    By no means am I comparing our current government with the wicked Nazi regime. But evil laws come in many flavors and sizes. The laws of our nation that authorize the slaughter of the unborn are evil. The laws that permit the government to restrict the right to conscience of individuals and Churches are evil. It does not matter that they are enacted through the democratic process and have the veneer of legality. They offend against the laws of God and natural human rights.

    We cannot let things go further down the path to totalitarian democracy. We must speak the truth with love, and resist by all lawful and peaceful means.