ALBANY, New York — Cardinal Edward Egan of New York was scarcely off the plane back from Rome, where he was awarded the red beretta Feb. 21 by Pope John II, before he waded headfirst into New York state politics.

A New York state women's health bill now under consideration, mandating coverage of contraceptives in employee medical insurance benefits, could lead to gross infringements on religious liberty and tread on the rights of individuals, the state's bishops have warned.

The matter is so vital that Cardinal Egan traveled to Albany March 5 to meet with Gov. George Pataki. The cardinal and other New York bishops were also scheduled to hold a press conference that afternoon at the offices of the New York Catholic Conference.

If passed by the Legislature without a conscience clause exemption, the bill would threaten the mission of Catholic parishes, schools, hospitals, religious orders, health insurance providers and any other Church organizations that provide medical plans for employees. Lacking such an exemption, they would have to cancel employee medical coverage or close altogether to remain faithful to Church teachings.

Brian Mulligan, spokesman for the Catholic Health Care System of the Archdiocese of New York, said that a network of Catholic health institutions serving tens of thousands each year is threatened. The bill would affect “Church teachings and a healing ministry dating back to the time of Jesus,” Mulligan said.

The state Senate passed a version of the bill with a religiously based conscience clause, but the Assembly refused such language in its version. Assembly Speaker Sheldon Silver, a Democrat, said an exemption would be “taking religious freedom a little too far.”

Members of both houses are meeting to work out a compromise, if possible.

No Compromise

Dennis Poust, spokesman for the state's Catholic Conference, said that the impasse might last till the end of the legislative session. There's little room for compromise language, he said; “either you have a conscience clause or not.”

“This is a basic issue of religious freedom which all people of good will, not just Catholics, should support,” Poust added. “There are many implications involved, not the least of which is that if the Assembly version is passed, we are sure to see next an attempt to mandate coverage for abortion.”

He pointed out that contrary to some reports, the bishops do not support the Senate bill because it still promotes coverage for contraceptives, which the Church considers intrinsically immoral. Rather, the bishops say that if the health bill is going to be passed with these provisions, it must include a conscience clause.

The health bill also contains measures the bishops do not object to, such as mandated coverage for screenings for breast and cervical cancer and osteoporosis.

The bishops of the state's eight dioceses, led by Cardinal Egan, have issued a strong statement on the issue. Invoking the religious freedom guarantees of the U.S. and New York constitutions, the bishops said, “Our nation was founded upon the principle that those choosing to live by religious faith do so free from the unwarranted intrusion of government. We can think of no governmental action at this time so unwarranted or intrusive as the requirement that religiously affiliated employers or insurers pay for or provide coverage for procedures which violate the tenets of their religious faith.

“The same faith which motivates us to care for the sick and the dying, to educate children, and to defend the poor and forgotten is also the basis for our moral teachings. A law which would compel us to do what we sincerely believe is morally wrong violates our free exercise of religion and undermines all that we do in the name of faith.”

The statement was issued Jan. 29, the day the Assembly passed its version of the bill.

In a letter sent to the Catholic Conference, Democrat Deborah Glick, sponsor of the Assembly's version of the health bill, rejected “sectarian limitations on women's access to health care, including contraceptives.

Wrote Glick, “The religion of one's employer must not be the determining factor in what health care choices a person makes.”

Freedom of Religion

A spokesman for Republican Joseph Bruno, a leading proponent of the Senate version, said that the disagreement is not about advancing women's health, which both sides support, but protecting the freedom of religious groups.

William Donohue, president of the Catholic League for Religious and Civil Rights, noted Jan. 30 that New York is among the 46 states that have conscience exemptions for employers or insurers on other issues based on religious beliefs. Calling Speaker Silver's comment “downright anti-Catholic,” Donohue said, “Any bill which forces religious organizations to relinquish their doctrinal prerogatives and institutional autonomy is an expression of intolerance … Separation of church and state cuts both ways.”

Nationwide, nine of the 13 states that mandate insurance coverage for contraception include waivers of varying effectiveness for employers or insurers who have religious objections. Washington, D.C., tried to pass a mandate last year without any conscience exemption, but the bill was stopped after strenuous opposition by the local bishops and by pro-life members of Congress.

Michael O'Dea, executive director of Christus Medicus, called the contraceptive push in medical plans “an organized, nationwide effort” to use legislatures to effect social change. Michigan-based Christus Medicus monitors legislative agendas and promotes health plans based on Catholic principles.

Said O'Dea, “We're moving toward total control of health insurance through state regulations and Catholics won't have a place.”

Forced to Close

Chris Bell runs five Good Counsel homes in New York for unwed mothers and their babies. If the state mandates contraceptive coverage, Bell said he would be forced in conscience to withdraw medical coverage for his employees and would find it almost impossible to find experienced people to staff his homes.

Said Bell, “This is another example of the state pushing its eugenics plan on the people. It is telling us that we must be made in its image, not God's image.”

Brian Caulfield writes from New York