This is Mr. Weber's talk to the students about JPII's decision to join the lawsuit with the Diocese of Nashville against the U.S. Department of Health and Human Services.
On
Wednesday of last week, Pope John Paul II High School joined with the Diocese
of Nashville and six other diocesan entities in a federal lawsuit to block implementation of certain aspects of the Affordable
Health Care Act that force us to pay for morally objectionable services as part
of our health insurance plan. We are one of the now 50+ organizations around the
country who have filed a similar lawsuit.
It’s pretty unusual to levy a suit against
one’s own government, and I think it’s important for all of us to fully
understand why the Board of Trustees of JPII thought this necessary.
In
the spring of 2012, the Department of Health and Human Services instituted a rule
that requires almost all private health plans nationwide to provide
contraception and sterilization coverage as part of their benefits to employees,
including some types of contraception that are more accurately labeled “abortifacients”
because they cause a “miscarriage” of the fertilized egg rather than prevent
fertilization to begin with.
The
rule makes an exception for “religious employers”, but then defines that very
narrowly, as institutions that “primarily employ” and “primarily serve” those who
“share their religious tenets.” Under this definition, if groups feed the poor
or serve the sick or educate students from other faiths, the exception doesn’t
apply and those organizations must comply with the rule.
Obviously,
the gospel doesn’t make that kind of distinction, nor do the many religious
charities that serve the needs of others. Emergency rooms in Catholic hospitals
don’t turn away gunshot victims if they’re not Catholic, Baptist soup kitchens
don’t deny food to non-Baptists, nor do international charities require proof
of a particular faith before feeding starving people in third world countries. Jesus didn’t just say “love God with our whole hearts and minds,”
but also “love your neighbor as yourself.” Our churches are not merely houses
of worship, but
are also places that serve those in need, wherever that need exists, and
whoever has that need.
It’s
pretty clear that JPII won’t qualify for the exception, either. Forty-five percent of you aren’t
Catholic, and we’re proud of our association with you and your families. Not all of our teachers are Catholic,
but they serve our school’s mission in a remarkable, powerful way. All of us
are leaving school on Wednesday to serve the needs of the community as part of
our Day of Service, and the faith of the people we serve doesn’t matter, nor
should it. Our Christian Service Internships are with organizations that serve
mostly non-Catholic populations.
The
Catholic Church has long held that contraception is against the natural law
because it intentionally blocks the natural end of sex, which is procreation.
Sterilization does the same thing, permanently. Abortion, of course, is a grave violation of the dignity of
human life. So the specific issue is whether JPII or any other organization that
opposes contraception or sterilization should be forced to pay for those things
or provide them to its employees. We don’t think so.
But
there’s a broader question, and I would argue this question is even more significant. There are many people of good will,
both within the Catholic Church specifically and within the Christian faith
more generally, who disagree with the Church’s teaching on contraception. That disagreement
is like a squabble among family members—an argument between a father and son. Christians
may disagree with each other from time to time on matters of faith and morals,
but it is not the right or role of government to decide. When the government
presumes that right and compels the church to behave a certain way, the issue
is no longer about contraception; it’s about the first amendment and the free
exercise of religion.
In
the words of Helen Alvare, a professor of law at George Mason University:
“The First Amendment protects the free exercise of religion, which includes religious institutions being allowed to operate with complete integrity. That integrity includes the right to offer health benefits consistent with their origins, their mission statements and the teaching of their Church.”
"So it's not really about the 'Pill.' It’s about the 'Bill' (of Rights)", says Peter Feuerherd. It’s about religious liberty. And that’s why
this issue is much bigger than JPII, or this diocese, or even the Catholic
Church. That’s why many religious organizations that don’t even share Catholic
views on contraception have testified before Congress against this rule,
including the National Association of Evangelicals, the Institutional Religious
Freedom Alliance, the Union of Orthodox Jewish Congregations of America,
Evangelicals for Social Action, and the Council for Christian Colleges and
Universities. That’s why civil libertarians, some of whom avow no religious
affiliation at all, support the Catholic Church in its fight against this
ruling.
Religious
freedom is cherished principle in this country, a founding principle. Because our government has always
respected this principle, our churches have thrived here and have become
powerful forces for good. We’ve built hospitals. We’ve educated generations
through our schools, including millions of the inner-city poor. We’ve fed the
hungry, clothed the naked, and ministered to the sick and dying.
By
denying churches their religious freedom precisely because their religiously
motivated purpose compels them to serve the common good of society, our
government punishes what it should encourage. We think that's bad public policy.
We also believe the government's underlying message to people of faith--that faith should be understood as a private matter, something we should do within our churches, without an outward mission to others, OR ELSE be subject to this law --is simply wrong. It's not who we are. It's not what Jesus commanded us to be.
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