Conscience Meets Access (and Takes a Hit)

The original version of this post first appeared on DaTechGuy Blog.

In the days leading up to the adoption of the latest spending bill in Washington, my social media feeds were full of posts from a variety of pro-life groups addressing one topic: including protection of medical conscience rights in the spending bill. To anyone unfamiliar with the federal budget process, an appropriations bill would sound like an odd place to mention conscience rights. But as we know, all kinds of oddball things work their way into budget deals.

As it happens, the conscience protection act promoted by pro-lifers was not included in the spending bill approved on March 22. I would have shrugged – a pro-life initiative rejected in Washington? so what else is new? – if not for a similar disappointment closer to home. A week before the federal spending bill was adopted, a bill to protect the conscience rights of medical professionals was rejected in my state’s legislature by a two-to-one margin.

Lest you think this is a partisan problem, note that the GOP holds majorities in the legislative bodies at issue here.

I was at the hearing for the state-level bill. The thrust of the opposition to conscience legislation boiled down to this: abortion is health care, and those who don’t want to participate in abortions have no business in the medical field.

By the way, this is where we wind up when we hear the abortion-is-health-care lie without pushing back. But back to the arena…

The argument against the state-level bill was couched in terms of denial of access: if a pharmacist doesn’t want to hand out an abortion-inducing drug, that might prevent or delay a woman’s abortion; if some doctor refuses to participate in abortion, he might let a hemorrhaging woman bleed to death. (Nonsense, but some legislators swallowed that whopper whole.)

There were also some dark mutterings about slippery slopes, although no one used that term: if we respect conscience rights for one or two or three procedures, where will it end? How much disruption can we tolerate in order to accommodate “conscience”?

The supporters of conscience legislation testified to the primacy of conscience, which our own state’s constitution explicitly recognizes as a natural right, not one that needs to be granted. They cited the First Amendment of the U.S. Constitution. They spoke of their religious and ethical beliefs and how they shouldn’t be fired for sticking to them.

“Access” met conscience, and “access” won.

These state and federal votes were hardly the last word. They’re intriguing, though. They indicate to me that hostility to conscience rights is alive and well, even in more-or-less respectable circles. Indifference to those rights might as well be open hostility. Fortunately, there are people pushing back.

I kinda liked Cardinal Dolan’s pushback on the federal vote.

The failure of Congress to include the Conscience Protection Act in the 2018 omnibus appropriations bill is deeply disappointing. The CPA is an extraordinarily modest bill that proposes almost no change to existing conscience protection laws on abortion—laws that receive wide public and bi-partisan support. The CPA simply proposes to provide victims of discrimination with the ability to defend their rights in court to help ensure that no one is forced to participate in abortion. Those inside and outside of Congress who worked to defeat the CPA have placed themselves squarely into the category of extremists who insist that all Americans must be forced to participate in the violent act of abortion. We call on Congress not to give up until this critical legislation is enacted.

 

The Mandate Takes a Hit. That’s Not Enough.

Crossposted from Leaven for the Loaf.

Nine months after taking office, five months after assuring the Little Sisters of the Poor that they could quit fearing fines, the Administration of President Donald Trump has announced a rollback of the HHS contraceptive mandate. (See here for my earlier coverage of the mandate.)

From Fox News:

The Trump administration on Friday announced a major rollback of the ObamaCare contraceptive mandate, granting what officials called “full protection” to a wide range of companies and organizations that claim a “religious or moral objection” to providing the coverage. 

The mandate, which has been the subject of multiple legal challenges, has required employers that provide health insurance to cover contraceptives. Under the existing policy, churches and houses of worship were exempt, while religious-affiliated groups that object had to allow a third-party administrator or insurer to handle birth control coverage. The 2014 Hobby Lobby decision expanded exemptions to for-profit “closely held” corporations.

But under the new policy unveiled Friday, the Trump administration is expanding the protections to any nonprofit group, non-publicly traded company, or higher education institution with religious or moral objections — and making the third-party provision optional for groups with “sincerely held” religious beliefs.

 (Full Fox News post here.)

I’m pleased that the President has followed through on a commitment he could have carried out his first day in office. Better late than never. Maybe he has no roots on this, and it took time for the people around him to put the ducks in a row. Notice the arm’s length language of the news report: Trump administration did thisofficials said that

I’m grateful. That’s simple courtesy and a measure of positive reinforcement. But I’m not going to grovel for recognition of my rights of conscience and religious liberty that should never have been abrogated in the first place. It’s not as though the President is doing me a favor.

Actually, today’s action does sound like someone thinks there are favors to be dispensed. The news coverage speaks of exemptions, protection, and rollback. Selected entities are added to the list of exempt organizations. No mention of the First Amendment, at least in the initial breaking news update. It’s the First Amendment that’s at issue, which is something the mandate’s supporters have ferociously denied since 2012.

Why does the mandate stand at all? Why is there still anything from which to be exempted?

The contraceptive mandate came out of Obamacare’s definition of birth control for women as “preventive care.” In a manner beyond anything the rankest sexist could have dreamed, Obamacare made it government policy that women are broken and need to be fixed. The normal functioning of a woman’s body was something to be “prevented.” Contraception was shifted from being a matter of choice to being a matter of public policy, forcing employers who chose to offer health insurance coverage to be involved in employees’ birth control decisions. Nothing ever put employers into employees’ bedrooms quite like the contraceptive mandate.

It’s to the everlasting credit of the American Catholic bishops that they recognized the mandate’s threat to religious liberty. Among other things, they knew that the Catholic health care system – which provides care to more women than any other provider in the nation – could be fined out of existence by the mandate.

The mandate originally came with exemptions for some politically-favored companies and organizations. Hobby Lobby and other plaintiffs later earned a Supreme Court victory that was extremely narrow, releasing closely-held companies from the mandate. President Trump told the Little Sisters of the Poor earlier this year that they could consider themselves free from fear of being fined for not wishing to pay for insurance coverage for employees’ birth control. At least fifty other lawsuits are pending against the mandate; I don’t know how many just became moot.

Today, the mandate took a serious hit. It’s still staggering around, though. The only way to kill it is to abandon the policy that gave rise to it in the first place. Stop treating the suppression of women’s fertility as “preventive care.” Stop expecting “free” contraception. When “free” means compelling financial support from people with religious objections to contraception, then “free” is too expensive.

Today’s action from the Trump Administration is long overdue. It’s the biggest hit on the mandate since Hobby Lobby. The mandate’s foundation remains in place, though. For religious resisters to the mandate, First Amendment rights are still at risk. May today be a spark to renewed assertion of those rights.

Undermining the First Amendment in the Name of “Health Care”

Short memories make for bad public policy. I can’t help but reflect on that.

As I write this, Congress is about to take a vote on doing something-or-another with Obamacare: repeal, replace, whatever. I’m not sure they know what they’re doing, despite good intentions all around. In all the tinkering, I am not hearing much from Members of Congress about what made the “Affordable Care Act” utterly unacceptable to so many Catholics, including me: the contraceptive mandate. Continue reading

March for Life, January 27

If ever Washington, D.C. needed to see a peaceful pro-life demonstration, it’s now. Plan now for January 27th’s March for Life. The usual January 22 date, marking the anniversary of the Roe v. Wade decision, has been shifted due to the presidential inauguration. Catch a bus & I’ll see you there.

mfl poster 2017.jpg