Card. Dolan Responds to the new HHS rules: “Proposal falls short in meeting Church’s concerns”

The USCCB has just published a press release with a letter from Cardinal Dolan, president of the United States Conference of Catholic Bishops, responding to the new HHS rules that were releasd last Friday. The letter referenced the document United for Religious Freedom which outlined the USCCB's concerns about the HHS mandate last March, saying that the concerns listed in that document are the measuring stick to test the new HHS rules. Cardinal Dolan said that a small amount of progress had been made, but that there were still major problems, and that, as a result, the USCCB "will continue to stand united with brother bishops, religious institutions, and individual citizens who seek redress in the courts for as long as this is necessary."

From the letter:

In evaluating Friday's action regarding the HHS mandate, our reference remains the statement of our Administrative Committee made last March, United for Religious Freedom, and affirmed by the entire body of bishops in June 2012.

In that statement, we first expressed concern over the mandate's "exceedingly narrow" four-part definition of "religious employer," one that exempted our houses of worship, but left "our great ministries of service to our neighbors, namely, the poor, the homeless, the sick, the students in our schools and universities, and others in need" subject to the mandate.This created "a 'second class' of citizenship within our religious community," "weakening [federal law's] healthy tradition of generous respect for religious freedom and diversity."And the exemption effectuated this distinction by requiring "among other things, [that employers] must hire and serve primarily those of their own faith."

On Friday, the Administration proposed to drop the first three parts of the four-part test.This might address the last of the concerns above, but it seems not to address the rest.The Administration's proposal maintains its inaccurate distinction among religious ministries. It appears to offer second-class status to our first-class institutions in Catholic health care, Catholic education, and Catholic charities. HHS offers what it calls an "accommodation," rather than accepting the fact that these ministries are integral to our Church and worthy of the same exemption as our Catholic churches. And finally, it seems to take away something that we had previously—the ability of an exempt employer (such as a diocese) to extend its coverage to the employees of a ministry outside the exemption.

Second, United for Religious Freedom explained that the religious ministries not deemed "religious employers" would suffer the severe consequence of "be[ing] forced by government to violate their own teachings within their very own institutions."After Friday, it appears that the government would require all employees in our "accommodated" ministries to have the illicit coverage—they may not opt out, nor even opt out for their children—under a separate policy.In part because of gaps in the proposed regulations, it is still unclear how directly these separate policies would be funded by objecting ministries, and what precise role those ministries would have in arranging for these separate policies.Thus, there remains the possibility that ministries may yet be forced to fund and facilitate such morally illicit activities. Here, too, we will continue to analyze the proposal and to advocate for changes to the final rule that reflect these concerns.

Third, the bishops explained that the "HHS mandate creates still a third class, those with no conscience protection at all:individuals who, in their daily lives, strive constantly to act in accordance with their faith and moral values."This includes employers sponsoring and subsidizing the coverage, insurers writing it, and beneficiaries paying individual premiums for it.Friday's action confirms that HHS has no intention to provide any exemption or accommodation at all to this "third class."In obedience to our Judeo-Christian heritage, we have consistently taught our people to live their lives during the week to reflect the same beliefs that they proclaim on the Sabbath.We cannot now abandon them to be forced to violate their morally well-informed consciences.

Read the whole letter here.