WASHINGTON (EWTN News/CNA) — The Department of Health and Human Services’ contraception mandate for insurance plans is “more radical” than any other in the United States and entails “nationwide coercion of religious people and groups,” the U.S. bishops’ general counsel said as he called for the mandate to be rescinded.
“Only rescission will eliminate all of the serious moral problems the mandate creates,” said Anthony Picarello, general counsel for the U.S. Conference of Catholic Bishops.
Picarello and bishops’ conference associate general counsel Michael Moses submitted an Aug. 31 comment to the Department of Health and Human Services criticizing its requirement that insurers provide sterilization and contraception, including some drugs like Ella, which can cause abortions.
It is “an unprecedented attack on religious liberty” to require that religious people and groups sell, broker or purchase services to which they have religious or moral objections, the attorneys said.
Under the new mandate, religiously affiliated employers will be “affirmatively barred” from offering a plan to the public, or even to fellow believers, that excludes objectionable items.
“Until now, no federal law has prevented private insurers from accommodating purchasers and plan sponsors with moral or religious objections to certain services,” they said. “Likewise, federal law did not forbid any insurer, such as a religiously affiliated insurer, to exclude from its plans any services to which the insurer itself had a moral or religious objection. Indeed, the freedom to exclude morally objectionable services has sometimes been stated affirmatively in federal law.”
Picarello and Moses said the mandate violates the Weldon Amendment, the 2010 health-care legislation and the Obama administration’s stated policy to exclude from the mandate any drug that can cause an abortion.
They criticized a proposed religious exemption as “narrower than any conscience clause ever enacted in federal law” and narrower than the “vast majority” of exemptions from state contraception mandates.
The exemptions cover a nonprofit religious employer whose purpose is “the inculcation of religious values,” which primarily employs persons who share its religious tenets and which primarily serves those who share its religious beliefs. The exemptions would not apply to many Catholic colleges and universities, charities, social-service agencies and health-care providers.
Secular organizations with objections to coverage of contraceptives or sterilization will also be ineligible, they noted.
The HHS released the mandates as part of the preventive-care requirements of the 2010 health-care legislation. A 60-day comment period on the regulations began on Aug. 1.
Other prominent Catholics have opposed the regulations, including Cardinal Daniel DiNardo of Galveston-Houston.
“Pregnancy is not a disease, and fertility is not a pathological condition to be suppressed by any means technically possible,” he said July 19, while the rules were under consideration.
Sister Carol Keehan, president and CEO of the Catholic Health Association, has criticized the religious exemption as “not broad enough to protect our Catholic health- care providers.” She helped pass the health-care legislation last year.
A group of Obama-supporting Catholic leaders and professors also issued an Aug. 26 open letter to HHS Secretary Kathleen Sebelius seeking an expansion of religious protections.
The requirements are also being opposed by the San Diego-based St. Gianna Physicians’ Guild, which has launched an online petition against them.
Unless the regulations are rescinded, they will take effect on Aug. 1, 2012.


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1) Please print the full list of names of this “Who’s Who” of prominent Catholics who signed this letter.
2) The Bishops’ Conference Attorneys have submitted “Official Comment Criticizing HHS Contraception Mandate” ??? These democrat Pol’s could care less. I can hear Obama & Company laughing all the way from DC.
Archbishop Dolan ... How about asking each and every Bishop in the Conference to have this letter read from each and every pulpit next Sunday?
3) Speaking of letters the only letter I am waiting for is a letter from these “Obama-supporting Catholic leaders and professors” is an open letter of apology to Mz. Sebelius’ Bishop for publicly challenging his judgement when he said her moral compass was wrong and that she should refrain from Communion. Such a letter would show real intelligence and would go far to bring closure to the wrong that they have done this priest and Bishop and the Body of Christ.
Why do I get the feeling this is more motivated by money than an actual belief that 1) contraception/sterilization is wrong and 2) [religious] freedom is important?
If the Bishops (and the nuns who run the so-called “Catholic hospitals”) really cared, NFP education would long ago have been a requirement for any doctor wishing hospital privileges, and NFP services much, much more heavily promoted and available than have currently are or ever have been.
Thank you. Thankyouthankyouthankyou. I hope it is clear that the USCCB speaks for many more people than just its members (I’m very interested in this petition…and with any luck, a well-placed letter from enough citizens will drive home the point).
DJ Hesselius, explain to me how this is about money? Does it occur to you that the timing of this mandate coincides very nicely with the President’s approval rating hitting a low in a campaign year, plus the widespread defunding at the state level of one of the administration’s best bed-buddies so that they themselves would actually be increasingly on the hook for the cost of the stuff they give out? It has money, power, and retaliation written all over it.
Again the Bishops fall short. The call for “recision” but only of the HHS mandate. The problem is in the whole Act. Last March they issued a similar letter criticizing the federal funding of abortion in the bill. The current drama is a real indication of just how dangerous the PPACA is. A contraceptive mandate was not in the bill but gave the HHS wide authority to implement such things. THAT’S THE PROBLEM. This is how Obama rules. He bypasses legislation and inserts autocratic authority through his czars. The current crisis is a case in point. However, I now want to hear from our nation’s bishops as to our moral responsibility since we are now forced to fund “intrinsic evil” or give up our health insurance. And I don’t think the principle of double effect is going to apply here. It would be nice to get some leadership for a change instead of nipping at the heels of the monster they invited into the parlor.
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