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US Bishops Declare War on HHS Mandate

After a meeting of the Administrative Committee of the U.S. Conference of Catholic Bishops, the bishops came out swinging with a bold new statement on the HHS Mandate, saying they are "united for religious freedom" and will not allow the administration to divide them or the media to distort the issue.

The meeting, which took place this week and was chaired by Archbishop Timothy Dolan of New York and consisted of 30 bishops from across the spectrum of Catholic opinion. Administrative meetings such as this one are conducted to address urgent business that occurs between the semi-annual meetings with the entire episcopate.

At the close of the meeting, the bishops issued a new statement, entitled "United for Religious Freedom" in which they lay out, in particularly strong language, exactly what the issue is - and is not - about.

“One particular religious freedom issue demands our immediate attention: the now-finalized rule of the U.S. Department of Health and Human Services that would force virtually all private health plans nationwide to provide coverage of sterilization and contraception — including abortifacient drugs — subject to an exemption for ‘religious employers’ that is arbitrarily narrow, and to an unspecified and dubious future ‘accommodation’ for other religious organizations that are denied the exemption,” the statement says.

It goes on to explain why the mandate is "an unwarranted government definition of religion."

"The mandate includes an extremely narrow definition of what HHS deems a 'religious employer' deserving exemption — employers who, among other things, must hire and serve primarily those of their own faith. We are deeply concerned about this new definition of who we are as people of faith and what constitutes our ministry.  . . . Government has no place defining religion and religious ministry. HHS thus creates and enforces a new distinction — alien both to our Catholic tradition and to federal law — between our houses of worship and our great ministries of service to our neighbors, namely, the poor, the homeless, the sick, the students in our schools and universities, and others in need, of any faith community or none."

If this definition is allowed to stand, "it will spread throughout federal law, weakening its healthy tradition of generous respect for religious freedom and diversity."

The mandate also constitutes a command by the federal government for people of faith to act against their conscience.

"Those deemed by HHS not to be 'religious employers' will be forced by government to violate their own teachings within their very own institutions. This is not only an injustice in itself, but it also undermines the effective proclamation of those teachings to the faithful and to the world. For decades, the Bishops have led the fight against such government incursions on conscience, particularly in the area of health care. Far from making us waver in this longstanding commitment, the unprecedented magnitude of this latest threat has only strengthened our resolve to maintain that consistent view."

The mandate is also a violation of personal civil rights.

"The HHS mandate creates still a third class, those with no conscience protection at all: individuals who, in their daily lives, strive constantly to act in accordance with their faith and moral values. They, too, face a government mandate to aid in providing 'services' contrary to those values — whether in their sponsoring of, and payment for, insurance as employers; their payment of insurance premiums as employees; or as insurers themselves — without even the semblance of an exemption. This, too, is unprecedented in federal law, which has long been generous in protecting the rights of individuals not to act against their religious beliefs or moral convictions. We have consistently supported these rights, particularly in the area of protecting the dignity of all human life, and we continue to do so."

The statement also lists what the HHS mandate is not about.

“This is not about access to contraception, which is ubiquitous and inexpensive, even when it is not provided by the Church’s hand and with the Church’s funds.”

“This is not about the religious freedom of Catholics only, but also of those who recognize that their cherished beliefs may be next on the block.”

“This is not about the Bishops’ somehow ‘banning contraception,’ when the U.S. Supreme Court took that issue off the table two generations ago. Indeed, this is not about the Church wanting to force anybody to do anything; it is instead about the federal government forcing the Church — consisting of its faithful and all but a few of its institutions — to act against Church teachings.”

“This is not a matter of opposition to universal health care, which has been a concern of the Bishops’ Conference since 1919, virtually at its founding.”

“This is not a fight we want or asked for, but one forced upon us by government on its own timing.”

“Finally, this is not a Republican or Democratic, a conservative or liberal issue; it is an American issue.”

Calling the mandate a threat to religious freedom of "unprecedented magnitude" it also issues a strong statement to those who think they can divide and conquer the Church in order to win this debate such as government officials, journalists and advocates of "Catholic Lite."

“We will not be divided, and we will continue forward as one.”

Catholic author and papal biographer George Weigel praised the document. "In sum, the bishops have rebuffed calls for a tactical retreat; the analysts who have not grasped the sea-change in perspective of the bishops’ conference have been confounded; the Catholic Lite brigades have been challenged to think again about the gravity of the theological and constitutional issues involved in the mandate; and those who have supported the bishops thus far have been affirmed in their work.

"There will be no compromise here, for there can be no compromise of first principles. Those who understand that will gather their energies and continue to defend both Catholic and American tradition."

Click here to read the bishop's entire statement.

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