The United States Conference of Catholic Bishops (USCCB) posted on its blog Feb. 13 (usccbmedia.blogspot.com) the following oppositions to the U.S. Department of Health and Human Services rule that virtually all private health care plans must cover sterilization, abortifacients and contraception.
1. The rule that created the uproar has not changed at all, but was finalized as is. So religious employers dedicated to serving people of other faiths are still not exempt as “religious employers.” Indeed, the rule describes them as “non-exempt.”
2. The rule leaves open the possibility that even exempt “religious employers” will be forced to cover sterilization. In its August 2011 comments, USCCB warned that the narrow “religious employer” exemption appeared to provide no relief from the sterilization mandate — only the contraception mandate — and specifically sought clarification. HHS provided no clarification, so the risk remains under the unchanged final rule.
3. The new “accommodation” is not a current rule, but a promise that comes due beyond the point of public accountability. HHS issued regulations describing the intention to develop more regulations that would apply the same mandate differently to “non-exempt, non-profit religious organizations” — the charities, schools, and hospitals that are still left out of the “religious employer” exemption. These policies will be developed over a one-year delay in enforcement, so if they turn out badly, their impact will not be felt until August 2013, well after the election.
4. Even if the promises of “accommodation” are fulfilled entirely, religious charities, schools, and hospitals will still be forced to violate their beliefs. If an employee of these second-class-citizen religious institutions wants coverage of contraception or sterilization, the objecting employer is still forced to pay for it as a part of the employer’s insurance plan. There can be no additional cost to that employee, and the coverage is not a separate policy.
5. The “accommodation” does not even purport to help objecting insurers, for-profit religious employers, secular employers, or individuals. In its August 2011 comments, and many times since, USCCB identified all the stakeholders in the process whose religious freedom is threatened—all employers, insurers, and individuals, not just religious employers. All insurers, including self-insurers, must provide the coverage to any employee who wants it. In turn, all individuals who pay premiums have no escape from subsidizing that coverage. And only employers that are both non-profit and religious may qualify for the “accommodation.”
6. Beware of claims, especially by partisans, that the bishops are partisan. Bishops form their positions based on principles—here, religious liberty for all, and the life and dignity of every human person—not polls, personalities, or political parties.
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