"Thou Shalt Not Mandate" - 43 Catholic institutions file suits over HHS mandate.(HotAir).Today’s Roman Catholic calendar lists May 21st as the feast day of St. Christopher Magallanes, a martyr killed for celebrating Mass during the Cristero War in Mexico. Perhaps Catholics today may want to recall St. Thomas More — the patron saint of lawyers, who was executed for refusing to agree to a mandate that gave Henry VIII the prerogative of defining religious expression in England. Dozens of Catholic institutions filed lawsuits today against the Department of Health and Human Services over its mandate and its narrow definition of religious practice:
Catholic archdioceses and institutions filed suit in federal district courts across the country Monday against the so-called contraception mandate, claiming their “fundamental rights hang in the balance.”
The plaintiffs include a host of schools and organizations, including the University of Notre Dame and the Archdiocese of New York. The lawsuits, though related, were filed individually.
The schools are objecting to the requirement from the federal health care overhaul that employers provide access to contraceptive care. The Obama administration several months back softened its position on the mandate, but some religious organizations complained the administration did not go far enough to ensure the rule would not compel them to violate their religious beliefs.
The University of Notre Dame hosted a speech by President Barack Obama in 2009, but today insists that Obama and his administration are attacking religious freedom in their complaint:
This lawsuit is about one of America’s most cherished freedoms: the freedom to practice one’s religion without government interference. It is not about whether people have a right to abortion-inducing drugs, sterilization, and contraception. Those services are, and will continue to be, freely available in the United States, and nothing prevents the Government itself from making them more widely available. But the right to such services does not authorize the Government to force the University of Notre Dame (“Notre Dame”) to violate its own conscience by making it provide, pay for, and/or facilitate those services to others, contrary to itssincerely held religious beliefs. …LifeNews has a statement from Notre Dame’s president, Fr. John Jenkins, who extended the invitation to Obama in the first place:
If the Government can force religious institutions to violate their beliefs in such a manner, there is no apparent limit to the Government’s power. Such an oppression of religious freedom violates Notre Dame’s clearly established constitutional and statutory rights.The First Amendment also prohibits the Government from becoming excessively entangled in religious affairs and from interfering with a religious institution’s internal decisions concerning the organization’s religious structure, ministers, or doctrine. The U.S. Government Mandate tramples all of these rights.
Let me say very clearly what this lawsuit is not about: it is not about preventing women from having access to contraception, nor even about preventing the Government from providing such services. Many of our faculty, staff and students — both Catholic and non-Catholic — have made conscientious decisions to use contraceptives. As we assert the right to follow our conscience, we respect their right to follow theirs. And we believe that, if the Government wishes to provide such services, means are available that do not compel religious organizations to serve as its agents. We do not seek to impose our religious beliefs on others; we simply ask that the Government not impose its values on the University when those values conflict with our religious teachings. We have engaged in conversations to find a resolution that respects the consciences of all and we will continue to do so.
This filing is about the freedom of a religious organization to live its mission, and its significance goes well beyond any debate about contraceptives. For if we concede that the Government can decide which religious organizations are sufficiently religious to be awarded the freedom to follow the principles that define their mission, then we have begun to walk down a path that ultimately leads to the undermining of those institutions. For if one Presidential Administration can override our religious purpose and use religious organizations to advance policies that undercut our values, then surely another Administration will do the same for another very different set of policies, each time invoking some concept of popular will or the public good, with the result these religious organizations become mere tools for the exercise of government power, morally subservient to the state, and not free from its infringements. If that happens, it will be the end of genuinely religious organizations in all but name.
Read the full story here.More here: Cardinal Dolan Applauds Church Agencies As They Challenge HHS For Violating Religious Freedom
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