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Showdown Looming Over Conscience Rights

Lawmakers who are determined to prevent religious institutions from being forced to insure services that violate their consciences have turned to the legislative process to force a vote on the controversial HHS mandate just weeks before the November election.

The National Catholic Register is reporting that Rep. Denny Rehberg, (R-MT) chairman of the House Appropriations Subcommittee on Labor, Health & Human Service and Education introduced the language from the Respect for Rights of Conscience Act in an amendment to the 2013 appropriations bill that funds the U.S. Department of Health and Human Services.

"This will surely instigate a battle as these conscience protections against the HHS mandate are tied to what is being called 'must-pass legislation' to keep the government operating," writes Patrick Reilly, president of the Cardinal Newman Society.

"But what happens when 'must-pass legislation' isn’t passed? The government could reportedly shut down as of September 30th unless one side backs off. And this would occur during the height of election season."

Any ensuing debate would indeed spark controversy as Rehberg's amendment also includes the language from the Abortion Non-discrimination Act, which would prevent discrimination against any healthcare entity who refuses to perform, provide coverage of, or pay for abortions based on conscience.

Richard Doerflinger, the chief lobbyist on life issues for the U.S. Conference of Catholic Bishops, described Rehberg's move as a “breakthrough.”

“I think we have an excellent chance of keeping the conscience language in the House bill. The real challenge will be for the Senate to accept it. But the Senate cannot simply filibuster the appropriations bill if they want HHS funded for the upcoming year. One way or the other there will be a vote,” he told the Register.

Cardinal Daniel DiNardo, Chairman of the Committee on Pro-Life Activities for the U. S.  Conference of Catholic Bishops, sent a letter to representatives this week urging them to support the cause for religious liberty.

“Neither individuals nor organizations can fully or willingly pursue active participation in our health care system if doing so requires them to abandon their most deeply held beliefs and convictions about right and wrong," he wrote. "Our government has a long history of respecting rights of conscience in health care, and the time is long overdue to reaffirm this laudable tradition in the face of today’s growing threats.”

The Appropriations bill with Rehberg's amendments is expected to pass the U.S. House of Representatives, but the Senate could be a tougher battle. However, a vote just weeks before the election could prove pivotal for lawmakers up for reelection across the country.

In any case, a showdown is certainly looming in a fight that is already making history.

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