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Cardinal Dolan on Fighting the Good Fight for Religious Freedom

What will happen when the year is up?

Over the course of the coming year, the effort to protect religious liberty and the freedom of conscience will continue.  In the end, this is not about bishops, it is not about Catholics, it is not about contraceptives.  It is about the ideals our nation was founded upon: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.  You can't do much better than the First Amendment to the Constitution.  The founding fathers got it right.  The HHS mandate gets it wrong.  We are fighting to correct that wrong, in order to make sure that religious freedom continues for the generations to come after us.

Cardinal Timoth Dolan

Cardinal Timoth Dolan

NEW YORK, NY (Gospel in the Digital Age) - One part of the HHS mandate sadly goes into effect today, August 1, 2012. You probably know all about the mandate by now.  It's the decree from the Secretary of Health and Human Services that the Patient Protection and Affordable Care Act requires employer health care plans to include contraceptive services for women, including drugs called abortifacients.

Although, in America's finest tradition, the bill allows an exemption for religious reasons, it presumes to define just what a church's ministry must be to qualify, a dramatic and unprecedented intrusion into the integrity of all faiths.  My brother bishops and I - in welcome collaboration with other religious leaders - think that this mandate is wrong and misguided and have tried to work with the Administration to correct it.

What's most troubling about the HHS mandate is that it carves out a religious exemption that is so narrowly drawn that most Catholic agencies - including Catholic Charities, hospitals, nursing homes, universities, and potentially many others - would not qualify.

How does a Catholic or other religious entity qualify for this exemption?  It must be a non-profit organization under certain IRS guidelines, and must meet all of the following criteria:

- The inculcation of religious values is the purpose of the organization;
-The organization primarily employs persons who share the religious tenets of the organization;
-The organization serves primarily persons who share the religious tenets of the organization.
Got that?  The federal government is graciously allowing your parish church to consider itself Catholic.  But, not much else would qualify.

Consider:

A Catholic hospital founded and still sponsored by nuns, striving to carry out our Savior's command to care for the sick?  Sorry, not Catholic enough.  No religious freedom here!  After all, its purpose is not the inculcation of religious values, and it hardly asks for a person's religion before admitting a patient.

A Catholic Charities homeless shelter, providing a bed, a shower, and a nutritious meal?  Sorry, not Catholic enough.  No religious freedom here!  After all, it serves all seeking help, regardless of their religious beliefs.  (Would the government prefer us to turn away anyone who can't produce a baptismal certificate and recite the Nicene Creed?)

A Catholic high school founded and still run by a religious order, which has proudly educated young men, preparing them to succeed in college, in the work place, as husbands and fathers?   Sorry, not Catholic enough.   No religious freedom here!  After all, the student populations is more than 50% non-Catholic.

Yes, the Archdiocese of New York has joined dozens of others in filing a lawsuit against the administration and HHS, arguing that the mandate is unconstitutional.  And, yes, the administration has granted a one-year reprieve to religious agencies whose conscience would be violated by this mandate.  (That's right - the government acknowledges that this will be a problem for many religious agencies.  But their response is, essentially, "too bad.")

What will happen when the year is up?

I suppose one option would be for those agencies to stop offering health insurance to their employees, and pay a $2000 per employee penalty.  While some would argue that the agencies would, in fact, save money by choosing this option, it hardly seems to be the right and just way to treat your co-workers, does it?

Another option is to continue to offer health insurance, but, honoring our conscience, not include these objectionable services.   There would be a $100 fine per day for each person who qualified for the coverage.  Let's assume that an agency has 50 people for which it would be subject to this penalty.    At $100 per day, per person, over the course of the year it would pay a penalty of $1,825,000.  ($100 x 50 people x 365 days).  That's a steep penalty from the government in order to try and convince religious agencies to turn their back on their conscience. That's money that will then not go to serve those in need.  Many of our services could not survive this heavy penalty.

A third option, I suppose, is to capitulate and accept the strangling mandate.I don't want to go there.  We just finished a Fortnight for Freedom, and the saints we honored - Saint Thomas More, Saint John Fisher, Saint John the Baptist, Saints Peter and Paul - would not want us to go there, either.

Over the course of the coming year, the effort to protect religious liberty and the freedom of conscience will continue.  In the end, this is not about bishops, it is not about Catholics, it is not about contraceptives.  It is about the ideals our nation was founded upon: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.  You can't do much better than the First Amendment to the Constitution.  The founding fathers got it right.  The HHS mandate gets it wrong.  We are fighting to correct that wrong, in order to make sure that religious freedom continues for the generations to come after us.

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This article first appeared in cardinal Dolans blog, "The Gospel in the Digital Age"


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Archbishop Timothy Dolans' reflections on Catholic faith, life and mission

Keywords: abortion, birth control, Healthcare Mandate, Obama, Religious freedom, Cardinal Dolan

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1 - 10 of 22 Comments

  1. Judy Claar
    9 months ago

    To Those Who Still Complain: Really! Do we need to dissent?
    To me, were too many positive facts, speaking volumes, on Cardinal Dolan's behalf to even warrant Deacon Keith having to write an article with even more facts. I am dumbfounded. Jo Ann wrote an informative post. Deacon Keith adds to it, and some still squabble. Why? Too many positive facts. You are disagreeing on trifles. A Big to do over nothing. Cherish Today.

  2. j
    9 months ago

    Let's see. How to say this without coming off as mean spirited? Some have posted here as defense for this invitation that Jesus ate with sinners during his ministry. I agree. But it should be pointed out that this did not include: the high priest, Herod, nor the Roman ruler. Jesus ate with the lowest of the low and the poorest of the poor. Notice that the ruling class was absent from any of the dinners cited in scripture. Given what has transpired within this country, most especially within the last several years, doesn't it seem obvious that this administration is attacking Holy Mother the Church? Isn't it proper to raise our voices in concern if we now hear that one of the church leaders is inviting the president of the party which is bringing about these attacks to dinner? I respect the office of the presidency. I also respect all religious leaders and pray for them daily. I join others in prayer for leaders of our country during a rosary at church daily. I also pray for the end of abortion and respect for life from its natural conception to its natural end. Those are just a few of the things we pray for daily. I am sure that we are not alone. I can just imagine the number of prayers being lifted up to heaven on a daily basis. But that doesn't mean that we should check our brains in when we leave church. Many of us are concerned about this invitation. Some of us are more passionate in our response than others. It has been several days since this story broke. Finally we are getting some response from the Catholic media. Al Kresta was commenting on Catholic radio this a.m. and now we are seeing an article posted by Deacon Fournier. Precedence has been cited as to other occasions when the dinner has changed its format. Given the times we are living through in our country, it seems to me that it would be appropriate to do so this year as well.

  3. JeanCatherine
    9 months ago

    Did not our Lord sit down with those who were deemed questionable and undesirable????? My money is on Cardinal Timothy Dolan. I trust the Holy Spirit as well on this subject and I think the Lord will guide Timothy. Timothy will love the enemy as our Lord taught. Come on folks dont you trust our dear Timothy to talk with the enemy. Timothy knows the enemy as we all do. You need to do recon work to know where the enemy is and what it think etc. God Bless you Timothy and work the Holy Father has bestowed upon you. If the Lord could appear before Pilot our dear Timothy can appear before the President of the United States. Lets see what transpires.

  4. JoAnn
    9 months ago

    Colleen: Cardinal Dolan has asked both Obama and presumptive Republican presidential nominee Mitt Romney to attend the annual Alfred E. Smith Memorial Foundation charity dinner. On the surface, the invite may seem "odd', but in offering it, Cardinal Dolan is keeping with tradition. The Smith dinner, in its 67th year, is a white-tie event at the Waldorf-Astoria that is customarily attended by presidents and candidates in an election year. Among the speakers have been JFK, Ronald Reagan and George W. Bush. In 2008 Obama and John McCain attended. The speeches are mostly self-deprecating and lighthearted, and the donations go to needy children. Over the years, the dinner has attracted the cream of modern American politics. The list of speakers and attendees reads like a who's who of the political landscape. In the early years of the dinner's existence, this event might have been the only time some of these candidates would share a dais during the entire campaign. By 1960 the Al Smith dinner had truly reached its zenith as "a ritual of American politics," in the words of Theodore H. White. Many of past dinners have generated front-page news items as a result of the program, i.e. joint appearances of opposing presidential nominees. Romney has accepted the invite and so has Obama. Sooo, what's the big deal? The Archdiocese of New York is among more than 40 Catholic organizations, charities and schools that are suing over Obama's mandate. Evangelicals, Jewish and other religious leaders have joined U. S. bishops in pressing for a broader religious exemption, including for faith-affiliated hospitals, colleges and social service groups. As the head of the U. S. Conference of Catholic Bishops, Cardinal Dolan has said the White House policy is "strangling" the church. Obama has offered an accommodation, but Catholic leaders and others have said the changes don't go far enough. Despite his differences with Obama, Cardinal Dolan held to the tradition of inviting the president because "THIS IS NOT A PARTISAN EVENT," it is an evening to put politics aside and come together in a spirit of CIVILITY. So, I guess we have to ask ourselves "WWJD" What would Jesus do. I am most certainly sure, that Jesus would do the same thing. After all, "It is not the righteous that need saving. Come on, Colleen, do you really believe that ALL the work we have done is going to be "damaged." You don't have very much faith in God and our Blessed Mother, do you? God bless.

  5. Colleen
    9 months ago

    There should not be any complaining about the HHS mandate after this invite. The rest of us in the country (Catholic parisheners, protestant clergy, countless citizen organizations, etc.) will keep working non stop to stop mandate. Catholic Church will have NO RIGHT TO COMPLAIN IF OBAMA IS RE-ELECTED OR HHS MANDATE GOES THROUGH. They are giving Obama a huge bust by inviting obama. This doesn't even count the affect on all the confused catholics that don't get the importance of putting in Pro-life politicians. We already have had to deal with the likes of the Kennedy's and other catholics that have done countless damage to the Pro-Life cause.
    Dolan knows this.
    I live and work and volunteer for pro-life within the diocese. The rest of us will do the work. Thanks for doing damage to all our work and efforts.

  6. Judy Claar
    9 months ago

    To Those Who Question Cardinal Dolan; Did not Jesus allow Mary M. to anoint and wash His feet?... A prostitute! While His disciples sat around and beside Him, astonished and complaining? The same for the tax collector Matthew...the most shunned and lowly thought of by the people. All became Our Lord's disciple. We know not the Cardinal's heart nor intentions. Who are we to question or chastise him? Do we have proof of guilt? Now, this question, and some posters, almost sound like another Gospel narrative which I do not plan to relate. Blessings...

  7. Robert
    9 months ago

    Cardinal Dolan,

    Please speak with Cardinal DiNardo regarding a press conference regarding fair pay for janitors. Saul Alinksy would have been proud of Cardinal Dinardo's speech. I have read Cardinal DiNardo's columns about the HHS mandate and was impressed.

    I am a fan of Cardinal Dinardo however, the time has come in America where religious freedom must take center stage along with Right to Life(Mother Theresa). If we get sidetrack from anything other than these two causes our Catholic identity is in deep trouble.

    It is time our leaders truly lead. We cannot continue the social justice doctrine while the basic moral fabric of this great nation and its people disinegrate into some leftist- socialist -Alinsky-Obama model. The time has come to call the Democratic party what it is........If we feed the poor(some of who are very capable of work) yet support leaders who support: abortion, same sex marriage, socialism, big govt., secular agenda, homosexuality, deny freedom of conscience, artificial contraception, etc. etc. then we get what we deserve.

    I pray for our church leaders.... please look beyond the trees and see the forest in front!

    May God have mercy on the United States of America.

  8. mikem
    9 months ago

    Wow...all those options are no good. How about a 4th option: NON-COMPLIANCE! And what is the Al Smith dinner invitation all about???? Are the bishops going to do an exorcism on the President? It would not surprise me one bit if President Obama is a closet Satanist with a nice little altar up there in the Maryland mountains....Clearly we need an explanation about the Al Smith dinner invtation. Is this a feel good affair? A Notre Dame redux?? What is the point of it, please?

  9. JoAnn
    9 months ago

    Rob-Joe-Michael-Joellen: Then what are your thoughts on Jesus. The company He kept was quite questionable. He was even called out on it. Come on, my friends, think out of the box. Only the sick need doctors. "Anything's possible with God." God bless.

  10. j
    9 months ago

    I am one of those parents of a Notre Dame graduate who signed the petition asking the university to disinvite the president after it made the terrible mistake of asking him to deliver the commencement address to its graduating seniors. On top of that, it had also decided to award him with an honorary degree! We all know how that ended up and how although we were ignored then; decisions made by this administration, proved us right. My question to fellow American Catholics is this: why is it so difficult for some in positions of decision making to see their glaring errors? It was a mistake to invite Obama to Notre Dame then. It would be a mistake to invite him to this upcoming dinner now!


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