No Compromise

In May 1953, the Polish government ordered the implementation of a decree giving the state the authority to appoint and remove Catholic priests and bishops throughout the country: The Catholic Church was to become a subsidiary of the Polish state; its clergy would act as agents of state power; and its educational and charitable activities would be approved (or rejected) by a state intent on bringing the most important institution in Polish civil society to heel. The bishops of Poland, who had tried for years to find a modus vivendi with the Communist regime, now drew the line. Meeting in Kraków under the leadership of the country’s primate, Stefan Cardinal Wyszyński, the Polish episcopate issued a memorandum deploring the government’s attempt to turn the Church “into an instrument of the state” as a violation of the natures of both church and state. The memorandum concluded memorably: “We are not allowed to place the things of God on the altar of Caesar, Non possumus! [We cannot!].”

Americans accustomed to religious freedom may, at first blush, find it hard to imagine any possible analogy between our situation today, in the midst of the debate over the HHS “contraceptive mandate,” and that of Poland’s Christians in 1953; of course those brave men and women faced challenges far beyond those facing American believers today. Yet the structure of the moral and political argument, then and now, is eerily similar. In both cases, an overweening and arrogant government tries, through the use of coercive power, to make the Church a subsidiary of the state. In both cases, the state claims the authority to define religious ministries and services on its own narrow and secularist terms. In both cases, the state is attempting to co-opt as much of society as it can, while the Church is defending the prerogatives of civil society.

The March 14 statement of the Administrative Committee of the United States Conference of Catholic Bishops, “United for Religious Freedom,” does not contain the kind of rhetorical flourishes that reached a dramatic coda in the Poles’ ringing “Non Possumus!” Still, the U.S. bishops have drawn an unmistakably clear line in the sand.

Resisting pressures from both within and without the Church to retreat from their hitherto firm and unified opposition to the administration’s HHS mandate and its bogus “accommodation” of religious concerns, the Administrative Committee — which includes bishops from across the spectrum of Catholic opinion and which does the conference’s most urgent business between the semi-annual meetings of the entire episcopate — strongly reaffirmed statements by the conference president, Timothy Cardinal Dolan, and by individual bishops, that both the mandate and the “accommodation” are unacceptable. Moreover, the statement affirms, against charges of exaggeration, that present administration policy represents a threat to religious freedom of “unprecedented magnitude” that must be “rejected.” And as for those who have long sought to play divide-and-conquer in this affair — from government officials to journalists to advocates of Catholic Lite — they, too, are sent an unmistakable signal in the March 14 statement: “We will not be divided, and we will continue forward as one.”

In a deft response to the spin and distortion that have characterized this debate for two months, “United for Religious Freedom” usefully clarifies just what the argument is not:

The Administrative Committee’s statement then crisply defines what the HHS mandate involves.

It involves an “unwarranted” and “extremely narrow” definition of who is a “religious employer “ — a definition that “creates and enforces a new distinction” between Catholic houses of worship, on the one hand, and, on the other, the Church’s charitable activities and its educational efforts. According to the administration’s regulatory scheme, the latter will become “second class” citizens, in a dramatic break with both Catholic tradition and federal law.

It involves an attempt by the government to compel Catholic institutions that serve those of many faiths and no faith to violate Catholic teachings within the Church’s own institutions, which is both an intrinsic injustice and a gross intrusion of state power into the Church’s evangelical mission.

And it involves a violation of the civil rights of individuals, who will be compelled to act against their conscientious convictions, “whether in their sponsoring of, and payment for, insurance as employers; their payment of insurance premiums as employees; or as insurers themselves.” This utter disregard for religious convictions and the rights of conscience is also, the bishops note, “unprecedented in federal law, which has long been generous in protecting the rights of individuals not to act against their religious beliefs or moral convictions.”

Thus those who expected the bishops to try and find some 50-yard line of agreement with the administration, a middle ground on which the Church’s institutions would be protected while individual Catholic employers would be left to the tender mercies of HHS, were proven exactly wrong: The bishops intend to defend religious freedom in full, and that defense will be all-in.

“United for Religious Freedom” concludes with a commitment to “accept any invitation to dialogue with the Executive Branch to protect the religious freedom that is rightly ours” — a formulation indicating that they will not come to any such further conversation as a supplicant, but as a defender of American tradition. The statement expresses support for a legislative remedy to the depredations of the HHS mandate, which, one assumes, will now focus on the Fortenberry bill in the House of Representatives. Finally, the statement reiterates the bishops’ determination to pursue a remedy in the federal courts, which is their likeliest path to success. The reference to both the Constitution and “federal laws that protect religious freedom” suggests that the conference knows it has a strong case under the Religious Freedom Restoration Act and will vigorously pursue it.

In sum, the bishops have rebuffed calls for a tactical retreat; the analysts who have not grasped the sea-change in perspective of the bishops’ conference have been confounded; the Catholic Lite brigades have been challenged to think again about the gravity of the theological and constitutional issues involved in the mandate; and those who have supported the bishops thus far have been affirmed in their work.

There will be no compromise here, for there can be no compromise of first principles. Those who understand that will gather their energies and continue to defend both Catholic and American tradition.

Thanks for posting the entire statement from Wednesday, March 14th. It is as I expected. With Cardinal Timothy Dolan as it’s leaser, and the many new bishops appointed by Pope John Paul II and Pope Benedict XVI, we now have a cadre of strong spokesmen for the cause of religious freedom for all, the institutions, the right of churches to define what is a “church institution”, the rights of private employers, as well of individuals who purchase health care.

OK, the battle lines have been further delineated. It’s onward in this battle. Remember, Jesus promised us that the “Gates of Hell will not prevail” against the church. Jesus did not say we would not have to stand firm and we would not suffer some persecution, but perhaps it is time we who call ourselves Christian have to be persecuted even here in the USA. As St. Paul might state, “I consider myself honored to be reviled for the Christian Gospel and the cross of Christ.”

You have picked out one word in one sentence, the interpretation of which is subject to debate, that you find fault with? All the while ignoring the other very clear words that obviously indicate this is a fight on behalf of "all people of faith." 'Ours' encompasses all U.S. citizens with cherished beliefs of religious freedom.

This is not about the religious freedom of Catholics only, but also of those who recognize that their cherished beliefs may be next on the block. This is not about the bishops’ somehow ‘banning contraception,’ when the U.S. Supreme Court took that issue off the table two generations ago. Indeed, this is not about the Church wanting to force anybody to do anything; it is, instead, about the federal government forcing the Church . . . to act against Church teachings.

To further discount your concern, here's the last paragraph of the March 14 statement:

Most importantly of all, we call upon the Catholic faithful, and all people of faith, throughout our country to join us in prayer and penance for our leaders and for the complete protection of our First Freedom—religious liberty—which is not only protected in the laws and customs of our great nation, but rooted in the teachings of our great Tradition. Prayer is the ultimate source of our strength—for without God, we can do nothing; but with God, all things are possible.

And it involves a violation of the civil rights of individuals, who will be compelled to act against their conscientious convictions

This is so far outside the bounds of acceptable governmental behavior that I am appalled, a condition that I thought Obama's immoral and inept administration had lost the power to induce. Godwin's Law "As a discussion goes on, the probability of a comparison involving Nazis or Hitler approaches 1" has finally reached the situation for which it was created: "Precisely because such a comparison or reference may sometimes be appropriate, Godwin has argued that overuse of Nazi and Hitler comparisons should be avoided, because it robs the valid comparisons of their impact."

For the United States government to compel individuals with a sincere religious objection to pay for abortion and for contraceptives that function in some cases by inducing early abortions is a shocking and disgusting act, one that violates fundamental and unalienable human rights granted by God and the associated legal rights guaranteed in the First Amendment of "The Supreme Law of the Land". While such violations were common under socialists like Hitler, Stalin, and Mao in the 1900s, I thought our Constitution would protect us even if the voters chose a socialist for our White House. Since I was clearly wrong, it is our duty as Americans to restore constitutional government, starting with the ballot box in November.

Because of this socialist gross overreach, failure to vote in November has passed from an act of indifference to an unforgivable act.

We must vote Obama out and vote in a Congress conservative enough to stop this power grab and restore fundamental human rights.

This is not about access to contraception, which is ubiquitous and inexpensive. . . . This is not about the religious freedom of Catholics only, but also of those who recognize that their cherished beliefs may be next on the block. This is not about the bishops’ somehow ‘banning contraception,’ when the U.S. Supreme Court took that issue off the table two generations ago. Indeed, this is not about the Church wanting to force anybody to do anything; it is, instead, about the federal government forcing the Church . . . to act against Church teachings. This is not a matter of opposition to universal health care, which has been a concern of the Bishops’ Conference since 1919, virtually at its founding. This is not a fight we want or asked for, but one forced upon us by government on its own timing. Finally, this is not a Republican or Democratic, a conservative or liberal issue; it is an American issue.

As a Jew, I seldom have any reason to pay any attention to what Catholic leaders have to say. However, this issue is one that completely transcends any particular religion, and goes to the heart of the 1st Amendment protections that ALL believers have against government coercion. Three cheers for these bishops, they've really hit the nail on the head. As the above statement points out, this is an issue of religious liberty, not contraception. They are also spot on that this issue was not one that they/we sought, but rather one that was on them/us by the fascist Obama Administration.

Thank you for sharing this perspective. I wholeheartedly agree with you that this issue 'completely transcends any particular religion'.

As an aside, please allow me to share one additional thought regarding paying attention to what Catholic Bishops or Popes might say ....

Blessed Pope John Paul II ardently embraced the Jewish people during his pontificate as the 'beloved of God' ... "The Jewish religion is not 'extrinsic' to us, but in a certain way is 'intrinsic' to our own religion," he said elsewhere in his address. "With Judaism, therefore, we have a relationship which we do not have with any other religion. You are our dearly beloved brothers, and, in a certain way, it could be said that you are our elder brothers."

Thanks for your response. As I said, I “seldom” have reason to pay attention, etc., etc. I did pay a lot of attention to what JP II said. I didn’t agree with it all, but he was a very friendly Pope as far as the Jews were concerned, and also was instrumental in helping the West to collapse the Soviet Empire. None of us with any memory or fairness will forget that he protected Jews during the worst of times. I trust that he’s being rewarded for a lifetime of good deeds.

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