Lawsuits, legislation in works to stop Obama administration’s contraceptives rule

Detroit — A change that theoretically shifts the cost of contraceptive coverage from Catholic institutions to insurance companies still violates religious liberty and is unacceptable, many Catholic leaders and others say.

The Obama administration’s policy has prompted lawsuits from the Michigan attorney general, the EWTN Catholic cable TV network and others, and a Michigan-based Internet petition drive opposing it had attracted nearly 58,000 signers as of Feb. 21.

On Feb. 10, President Barack Obama announced a change in the U.S.Department of Health and Human Services’ mandate concerning coverage of contraceptive drugs, procedures and devises — including sterilization and abortion-inducing drugs — in all insurance policies as national health care policy is implemented.

But rather than widening a narrow exemption for religious institutions contained in the original mandate, the change instead forces insurance companies to provide the coverage free of charge if a religious employer refuses.

“It would still mandate that all insurers must include coverage for the objectionable services in all the policies they would write. At this point, it would appear that self-insuring religious employers and religious insurance companies are not exempt from the mandate,” said a statement issued that day by the U.S. Conference of Catholic Bishops, which added that the lack of clear protection for key stakeholders “is unacceptable and must be corrected.”

Many bishops also pointed out that Catholic institutions would still be paying for the contraceptive coverage in the form of higher premiums, which health insurers would levy in response to the mandated coverage.

As promulgated, the religious exemption appears to only apply to parishes, and not to institutions such as schools, colleges, hospitals and social service agencies that also employ or serve non-Catholics. Even a parish with a strong community service outreach might not be exempt, according to an analysis by the USCCB.

Detroit Archbishop Allen Vigneron joined Michigan’s other Catholic bishops in a letter to U.S. Rep. Fred Upton, R-St. Joseph, urging his support for House Resolution 1179, the Respect for Rights of Conscience Act, saying the bishops “believe the best way to protect conscience rights” is through the passage of the legislation.

Al Kresta, afternoon program host on Ann Arbor-based Ave Maria Catholic Radio station WDEO (990 AM), launched an online petition drive to stop the HHS mandate that quickly attracted tens of thousands of signatures.

“This HHS regulation has really got people excited. We’re getting more calls on this than I think on anything else we’ve ever done,” Kresta said.

He said listeners understood “that the federal government is telling Catholic institutions that, if they serve non-Catholics, they have to pay for abortifacients, and people find that to be an incredible intrusion.”

And he commented that the issue had brought together “magisterially minded Catholics with more liberal, dissenting Catholics.”

“It’s about religious liberty, and to redefine what we mean by religious liberty, so as to limit it to the four walls of your church or your private prayer life,” Kresta said.

He said the Obama administration “doesn’t understand that, when you hand out a cup of cold water in Jesus’ name, you’re being in Christ.”