Four reasons you should fight the HHS ruling against our religious liberty

Guest columnist

Published: February 4, 2012

By Father Jason Tyler

Father Jason Tyler

Last week, Bishop Taylor released a letter about "an alarming matter that strikes at the fundamental right to religious liberty for all citizens of any faith."

Specifically, he was referring to the new regulations from the U.S. Department of Health and Human Services in applying the Patient Protection and Affordable Care Act. One provision will require employers to provide health insurance that covers certain minimum standards, as determined by HHS. On Aug. 1, 2011, HHS released its list of requirements, including coverage for prescription contraceptives and sterilization procedures. HHS secretary Kathleen Sebelius announced Jan. 20 that the list of requirements will remain unchanged.

Also unchanged will be the extremely narrowly defined religious exemption. In order to qualify as a religious employer, the organization must primarily employ people of its own faith, primarily serve people of its own faith, and exist primarily to inculcate religious beliefs.

In other words, hospitals, universities and social service agencies will not qualify for this exemption. Catholics have at least four reasons to be upset by this ruling from HHS.

1. Pregnancy is not a disease: By including sterilization and contraception in the category of "preventive medicine" (which means that our premiums will have to cover it 100 percent, with no deductible or co-pay), a pill that causes the reproductive system not to work is put in the same category as medicines that have the goal of maintaining the body's regular functioning.

Is a healthy pregnancy really a pathology to be combated as we would combat AIDS, breast cancer, diabetes or heart disease?

2. Some of the covered medications are abortifacient: The HHS rules also require coverage of "emergency contraception," a term for pills taken after intercourse by a woman who does not want to be pregnant. These pills can prevent a newly formed human embryo (early human person) from implanting in the mother's womb. In other words, a new life has been conceived and is then ejected from the mother's body.

3. The First Amendment is being attacked: By defining the "religious exemption" in such narrow terms, the federal government is chipping away at our natural right, guaranteed in the First Amendment of the U.S. Constitution, to the free exercise of religion.

One might ask -- and some have asked me, "What's the big deal? Is this just a Catholic thing?" People of all faiths should be concerned. If the government can decide that a particular religious belief is not worthy of constitutional protection, can any belief of any faith be protected in the end?

The fact that the Catholic Church stands almost alone in her opposition to contraception makes little difference. If an unpopular exercise of religion is not protected today, how long until the more popular beliefs are also at risk?

4. Catholic hospitals, schools and social service agencies are integral to our faith: The narrow "religious exemption" seems to imply that a Catholic school or hospital is simply a "side business" that is not religious enough to qualify for First Amendment consideration.

Such a view ignores the fact that Catholic hospitals continue the healing mission of Jesus, Catholic schools prepare God's children to build his kingdom on earth, and Catholic social agencies aid the poor (of whatever faith) because that is simply the Christ-like thing to do.

In his encyclical Deus Caritas Est, Pope Benedict XVI said, "The Church cannot neglect the service of charity any more than she can neglect the sacraments and the Word." Indeed, we cannot neglect such service, which is precisely why we must stand up and oppose these HHS regulations. Learn more at http://www.usccb.org/conscience.

Father Jason Tyler is the diocesan health care ethicist and pastor of St. Edward Church in Little Rock.

Read more about the Bishop's response to the HHS ruling , including links to his letter in English and Spanish.