The June 30 decision of the U.S. Supreme Court in the case of Burwell v. Hobby Lobby Stores ruled that the Administration’s contraceptive mandate as applied to closely held for-profit corporations was a violation of the 1993 Religious Freedom Restoration Act (RFRA). This Act (passed by President Bill Clinton) was passed more than 21 years ago almost unanimously.
As it stands, the misnamed Affordable Healthcare Act makes plans cover all FDA-approved prescription contraceptives and female sterilization and even “counseling and education” promoting these clear violations of Catholic moral teachings. There is a religious exemption, primarily for what are termed “houses of worship,” but as we know, non-profit groups, like the Little Sisters of the Poor, have only been granted an “accommodation,” which would require the non-profits to authorize their insurers or a third-party administrator to authorize the aspects which cannot be approved in our Catholic moral teaching.
Now, those politicians who are dead-set against the Hobby Lobby ruling quickly tried to introduce a bill that would not only reverse the June 30 decision but also ultimately completely reverse the RFRA. Sen. Patty Murray (D-Washington) introduced the Protect Women’s Health from Corporate Interference Act (S. 2578), which would have removed any power from an employer, an employee or insurers to opt out of federally-mandated coverage with the RFRA as the basis for that decision.
What practically does this mean? Well, if passed, Sen. Murray’s bill would say that an employer has no right at all to opt out of a federal mandate for any specific benefit, for any employees or any covered dependents. Even if an employee has individual coverage, he or she cannot object. Under no circumstances, such as religious belief, could an employer or employee object to any “item of service,” like abortion or an abortifacient like RU-486.
Cardinal Sean O’Malley of Boston and Archbishop William Lori of Baltimore wrote to all U.S. Senators concerning this bill: “In short, the bill does not befit a nation committed to religious liberty. Indeed, if it were to pass, it would call that commitment into question. Nor does it show a genuine commitment to expanded health coverage, as it would pressure many Americans of faith to stop providing or purchasing health coverage altogether. We oppose the bill and urge you to reject it…”
Fortunately, the Senate rejected the proposal, failing to get the 60 votes necessary to pass it. It’s frightening that a majority of Democrats supported the measure, while Republicans held the line by supporting freedom of conscience.
If S. 2578 had passed, any protection an individual would have had to act upon religious conscience would have been gone. This bill, written in the name of human rights and the rights of women, is, in actuality, an attempt to push religious expression of any kind to the margins of society and, ultimately, seeks to define the nature and mission of a Catholic non-profit. It would have been a complete denial of the rights promised by the U.S. Constitution. It would have been a continuation of the attempts by the current administration to rewrite the fundamental tenets of American democracy.
To further threaten religious groups, President Barack Obama issued an executive order July 21 forbidding the firing of gays, lesbians, bisexual and transgender people by the federal government and federal contractors.
The executive order is unprecedented and extreme and should be opposed, say spokesmen for the U.S. bishops, who explain that it lends the economic power of the federal government to a deeply flawed understanding of human sexuality, to which faithful Catholics and many other people of faith will not assent and excludes federal contractors precisely on the basis of their religious beliefs.
We urge each reader to remain vigilant on this issue. Let your voice be informed on this issue with the facts so that a properly formed, Catholic and clear conscience will be heard!