The nation’s Catholic bishops 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.
On Friday, the Obama Administration issued a statement re-iterating the “contraceptive mandate” requiring all insurance providers cover the full range of FDA-approved drugs and devices would remain intact.
This mandate, issued in August, includes drugs that work after conception to destroy life rather than prevent it. The statement included a postponement of one year for religious groups that do not already carry contraceptives and additionally would not be exempted under last year’s narrow definition of “religious employer.”
“In effect, the president is saying we have a year to figure out how to violate our consciences,” said Cardinal-designate Timothy Dolan, archbishop of New York and president of the U.S. Conference of Catholic Bishops.
He 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.”
Dolan said 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,” he added.
Dolan urged that the HHS mandate be overturned: “The Obama administration has now drawn an unprecedented line in the sand. 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.”
“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,” he said. “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want religious liberty and rights of conscience restored and that you want the administration’s contraceptive mandate rescinded.”
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.”
Sister Carol Keehan, president and chief executive officer of the Catholic Health Association of the United States, voiced disappointment with the decision and pointed out that 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.
Also, Cardinal Danial Dinardo, chair of the U.S. Bishops’ Committee on Pro-Life Activities, issued a response ot the decision as well, saying, “I am distressed to learn that the Department of Health and Human Services’ mandate that sterilization, abortifacients and contraception be included in virtually all health plans is being upheld. This mandate gravely compromises religious liberty.”
“The contraceptive/sterilization mandate imposed on health plans by HHS violates religious freedom, which is guaranteed by the First Amendment and several federal laws. Forcing all employers to buy coverage for sterilization and contraceptives, including drugs that induce abortion, is a radical incursion into religious liberty and freedom of conscience,” he said. “HHS’s mandate includes an incredibly narrow exemption for “religious employers” that protects almost no one. 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, their employees or those most in need.”
The mandate not only violates such existing conscience protections on abortion such as the Hyde/Weldon Amendment (in so far as Plan B and Ella are covered), but also violates the principles of the Church Amendments which protects conscience rights for those who object to contraceptives and other services on moral or religious grounds. Additionally, the U.S. government already funds domestic family planning at a level of $1.9 billion annually.
The mandate has upset pro-life groups that don’t want to be forced to provide health insurance coverage that pays for contraception, birth control drugs, or drugs like the morning after pill, Plan B and ella that can cause abortions in some circumstances. They have objected to a very narrow set of exemptions for religious groups that don’t adequately allow all faith-based organizations to opt out of providing such coverage.
The administration initially approved a recommendation from the Institute of Medicine suggesting that it force insurance companies to pay for birth control and drugs that can cause abortions under the Obamacare government-run health care program.
The IOM recommendation, opposed by pro-life groups, called for the Obama administration to require insurance programs to include birth control — such as the morning after pill or the ella drug that causes an abortion days after conception — in the section of drugs and services insurance plans must cover under “preventative care.” The companies will likely pass the added costs on to consumers, requiring them to pay for birth control and, in some instances, drug-induced abortions of unborn children in their earliest days.
Jeanne Monahan of FRC says the current opt out is not sufficient.
“On September 30th, the Department of Health and Human Services (HHS) received thousands of negative comments related to the interim final rule published on August 3rd where all insurance plans were informed that they must cover the full range of FDA-approved contraceptives with no co-pay,” Monahan explains. “A very narrowly defined conscience exemption for religious organizations was included which, in essence, covers only places of worship and was originally drafted by the American Civil Liberties Union (ACLU) for a bill in California.”
“HHS offered a fig leaf of conscience protection for certain churches that fulfill very specific criteria. However, religious groups that provide social services, engage in missions work to people of different religious faiths, religious health insurance companies, let alone religious health care providers and individuals in such health plans are not protected from any discrimination whatever. The new rule will force many Americans to violate their consciences or refrain from participating in health care insurance, further burdening an already costly system,” Monahan said.
“For an administration that promised to protect conscience laws in effect now, this decision completely ignores opinion, research and science that do not support a pro-abortion ideology. In the words of one of the committee members who objected to the IOM recommendations, the ‘evaluation for evidence lacked transparency … the process tended to result in a mix of objective and subjective determination through the lens of advocacy,” Monahan continued. “This administration is promoting mandates that will violate the consciences of millions.”
The HHS accepted the IOM guidelines that “require new health insurance plans to cover women’s preventive services” and those services include “FDA-approved contraception methods and contraceptive counseling” — which include birth control drugs like Plan B and ella that can cause abortions. The Health and Human Services Department commissioned the report from the Institute, which advises the federal government and shut out pro-life groups in meetings leading up to the recommendations.
Bishop Dolan also released a video condemning the decision: https://bcove.me/ob5itz9v