Monday, May 21, 2012

Lawsuit - HHS



Here is a link to the complaint filed this morning by the University of Notre Dame, challenging the Administration's "preventive services" mandate.
This filing is about the freedom of a religious organization to live its mission, and its significance goes well beyond any debate about contraceptives.
Please note that the red is for my own personal quick reference.

From Washington Examiner,

May 21, 2012
A Message from Father John Jenkins, C.S.C.,

President, University of Notre Dame
Today the University of Notre Dame filed a lawsuit in U.S. District Court for the Northern District of Indiana regarding a recent mandate from the U.S. Department of Health and Human Services (HHS). That mandate requires Notre Dame and similar religious organizations to provide in their insurance plans abortion-inducing drugs, contraceptives and sterilization procedures, which are contrary to Catholic teaching. The decision to file this lawsuit came after much deliberation, discussion and efforts to find a solution acceptable to the various parties.
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.
The details of the process that led to the mandate are publicly known. In an Interim Final Ruling issued August 3, 2011, the federal government required employers to provide the objectionable services. A narrow exemption was given to religious institutions that serve and employ primarily members of their own faith, but, departing from a long tradition in federal law, organizations like Notre Dame—schools, universities, hospitals and charitable organizations that serve and employ people of all faiths and none—were granted no exemption, but instead were made subject to the law to the same extent as any secular organization. On September 28, I submitted a formal comment encouraging the Administration to follow precedent and adopt a broader exemption.
Despite some positive indications, the Administration announced on January 20, 2012, that its interim rule would be adopted as final without change. After an outcry from across the political spectrum, President Obama announced on February 10 that his Administration would attempt to accommodate the concerns of religious organizations. We were encouraged by this announcement and have engaged in conversations with Administration officials to find an acceptable resolution. Although I do not question the good intentions and sincerity of all involved in these discussions, progress has not been encouraging and an announcement seeking comments on how to structure any accommodation (HHS Advanced Notification of Proposed Rule Making on preventative services policy, March 16, 2012) provides little in the way of a specific, substantive proposal or a definite timeline for resolution. Moreover, the process laid out in this announcement will last months, making it impossible for us to plan for and implement any changes to our health plans by the government-mandated deadlines. We will continue in earnest our discussions with Administration officials in an effort to find a resolution, but, after much deliberation, we have concluded that we have no option but to appeal to the courts regarding the fundamental issue of religious freedom.
It is for these reasons that we have filed this lawsuit neither lightly nor gladly, but with sober determination.
Read the rest.
Below, a video released by the Archdiocese of Washington.



 Chancellor Jane Belford of the Archdiocese of Washington explains the significance of the lawsuit filed to protect freedom to practice religion. Chancellor Belford details why the suit is necessary in light of the attempt of the government to redefine what is a religious institution. She explains that under the new definition that the work of Mother Teresa no longer would qualify as the work of a religious institution.

Quote from Mirror of Justice:
These latest lawsuits, like the many others that had already been filed, are asking the courts to enforce the Constitution and the Religious Freedom Restoration Act, and to protect religious liberty and conscience from a regrettable and burdensome regulatory mandate.  This mandate imposes a serious and unnecessary burden on many religious institutions’ commitments, witness, and mission.  It purports to require many religious schools, health-care providers, and social-welfare agencies to compromise their institutional character and integrity.  In a society that respects and values diversity, as our does, we should protect and accommodate our distinctively religious institutions, and welcome their contributions to the common good.

These lawsuits are not asking the courts to endorse the plaintiffs’ religious views, only to respect and accommodate them.  Religious institutions are not seeking to control what their employees buy, use, or do in private; they are trying to avoid being conscripted by the government into acting in a way that would be inconsistent with their character, mission, and values.  In a pluralistic society, people will often disagree about values and policies, and it will not always be possible to accommodate those who object in good faith to regulatory requirements.  At the same time, a society like ours – with a Constitution and federal religious-freedom protections like ours – will regard it as often both wise and just to accommodate religious believers and institutions by exempting them from requirements that would force them to compromise their integrity. This is such a case.  We Americans do not agree about what religious freedom means, but we have long agreed that it matters, and should be protected through law.  True, there will sometimes be tension and conflict, and trade-offs and compromises.  Given our deep-rooted commitment to religious freedom, though, our goal as a community should always be to strike the balance in a way that honors that commitment.
 
Here is the statement of John Garvey, the President of Catholic University.

SOURCES:
The Archdiocese of Washington
yimcatholic
The Washington Examiner
Mirror of Justice



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