California Mandates that 2 Catholic Universities Include Abortion Coverage in their Employee Health Insurance Plans

by Jonathan Abbamonte

September 22, 2014

Imagine that as president of a private institution you receive a letter from your state government detailing that your health insurance plan must include coverage for elective abortion procedures. Imagine that despite your pleas for personal objections on religious or moral grounds that the state has “carefully considered all relevant aspects of state and federal law in reaching its position… that health plans must treat maternity services and legal abortion neutrally” and thus your plan must include the “required abortion coverage.”

Unfortunately, this scenario is not imaginary. Recently, Alliance Defending Freedom (ADF) and the Life Legal Defense Foundation (LLDF) filed a complaint with U.S. Department of Health and Human Services concerning the state of California’s mandate requiring two Catholic universities to provide health insurance to their employees, insurance that HHS says must cover elective abortion. California Gov. Jerry Brown’s administration had announced just a month ago that it was withdrawing its abortion exemption from Santa Clara University and Loyola Marymount University, and thereby any other religious non-profit or business that does not fit California’s razor thin definition of what qualifies a “religious employer.” Apparently a university run by the Jesuits, a religious order of the Roman Catholic Church, is not “religious” enough. As reported by California Lawyer the President of Santa Clara University, Michael Engh, in a letter to the university faculty communicated that “Santa Clara University cannot be true to its Jesuit Catholic identity and willingly offer, through its health care programs, financial support… [for] abortion that is not medically necessary.”

On August 22nd Shelley Rouillard director of California’s Department of Managed Health Care (DMHC) informed the universities through their insurance providers that they would no longer be exempt from providing abortion coverage through their employee health insurance programs. DMHC points to the Knox-Keene Health Care Service Plan Act of 1975 which they say “requires health plans to cover abortion as a basic health care service.”

That is not the opinion of Catherine W. Short, an attorney and legal director of Life Legal Defense Foundation.  According to Short, as reported in California Lawyer, “Knox-Keene does not require coverage for abortion. Knox-Keene says nothing about abortion.” While it is true that California’s Constitution guarantees the “right” for a woman to choose to abort her child, it says nothing about forcing institutions or individuals from being complicit in anyone’s choice to have an abortion. In fact, federal law seems to dictate otherwise.  The state of California receives billions of dollars in federal subsidies for education, health and employment every year.  These appropriations are bound by the Weldon Amendment which prohibits the use of federal funds from discriminating against any institution which opposes abortion coverage. There is little doubt that DMHC is bound by the Weldon Amendment, ADF and LLDF argue, as indicated by the State of California’s failed attempt to circumvent the amendment through its lawsuit against the U.S. government.

The decision by the DMHC to single out Santa Clara and Loyola Marymount universities is perplexing given that even employees of the State of California are exempt from having to pay for abortion services in their employee health plans according to the Cardinal Newman Society, which has been reporting on the case and which joined in a letter issued by ADF and LLDF to the DMHC.

Sadly, this is not the first time that the state of California has attempted to abridge religious liberty in the name of “reproductive rights” and universal access to abortion and contraception. In 2004, the Supreme Court of the State of California ruled in Catholic Charities of Sacramento, Inc. v Superior Court of Sacramento County that the Women’s Contraception Equity Act (WCEA) does not violate religious liberty. The Act stipulates that any entity not considered a “religious employer” must provide health insurance that includes contraceptive coverage.

The definition of what qualifies as a “religious employer” in WCEA is so narrow that Catholic Charities, an explicitly faith based charity organization focused on combating poverty and serving over nine million Americans per year, did not qualify. As a result, the State of California was able to succeed in silencing the religious objections of Catholic Charities.

They have succeeded once. They have succeeded again by forcing Santa Clara and Loyola, and all religious non-profits in California, to provide elective abortion coverage, despite religious objections. It is time we realize that religious liberty in America is under attack. 

A Tale of Two (Civil) Senators

by Rob Schwarzwalder

September 18, 2014

This morning, at the kind invitation of House Speaker John Boehner, I attended a Joint Session of Congress to hear courageous Ukrainian President Petro Poroshenko describe Russia’s threat to his country and plead for U.S. backing of his embattled nation.

It was moving to hear President Poroshenko, and heartening to see the at least superficial unanimity of Members of Congress as they stood, repeatedly, in ovations of support.

This is, I believe, the eighth time I’ve had the privilege of attending such Joint Sessions, including two State of the Union messages by President Clinton. At all such events, there is a general if perhaps strained sense of bonhomie among the Senators and Members of Congress as they mingle on the House floor. Among some of the Senators, particularly, there is a measure of good humor unseen during testy televised debates or hearings.

Today, for example, I noticed two of the Senators, one a respected conservative, the other a recognized liberal, laughing together as if fraternity brothers who surreptitiously had stolen their professor’s tires. It was fun to see.

Three cheers for camaraderie, for friendship, for civility. But as I’ve written elsewhere, civility becomes a pretext for avoiding hard choices and acknowledging real and sometimes angering divisions when “being nice” supersedes the need for opposition and advocacy. Civility is the oil that prevents the gears of debate from becoming so dry with contention that they grind into civil strife. But it is not itself the purpose for which those gears are driven.

As a Christian, I believe in the depravity of man, for which reason I am grateful to awaken to streets empty of men fighting with knives and tire-irons. Civility is important in a fallen world, no question.

Courtesy and kindness are essential to any well-equipped arsenal of public discourse and action. They can sooth raw tempers and smooth rough discourse, thus making the pursuit and location of common ground possible.

Yet ultimately, civility cannot cover-over the deep chasms between worldviews and priorities existing in our society. The two Senators I noted above are both possible presidential candidates of their respective parties. They disagree on the critical issues of “faith, family, and freedom,” not to mention economics and foreign policy. By virtue of the positions they have taken, Americans will have to choose not just between them as persons but between the sharply different worldviews out of which they operate and the policy conclusions resulting therefrom.

Civility can prevent verbal abuse and physical violence. To decide is to lead and often to divide, and decision-making, especially in an era when the decisions to be made represent two such fundamentally opposite set of values and arguments, is unavoidable.

The Savagery and Horror of ISIS

by FRC Media Office

September 18, 2014

With the continued savagery of ISIS in the news, FRC’s Bob Morrison and Ken Blackwell have two op-eds in American Thinker that examines the stance that the U.S. has taken on this group.   Both Blackwell and Morrison’s recent article looks at how President Obama has dealt with ISIS and the growing threat that this group poses on global security.

President Obama is locked in a Westphalian mindset. That seminal 1648 Treaty of Westphalia ended the Thirty Years War in Europe and gave us the nation-state system we see today. Or most of it. What ISIS shows, however, is that the Westphalian definitions really don’t apply in the Mideast. It was an Egyptian diplomat who famously said: “There is only one nation over here; the rest are tribes with flags.”

Fortunately, President Obama realizes that you cannot give credence to a border between Iraq and Syria. He says he will hammer ISIS in Syria. Go to it. (Unfortunately, this president seems not to recognize a border between the Mexico and the U.S., either.)

You can read more from their op-ed here.

Thirty years ago, FRC’s Bob Morrison watched a beheading video. And he has never forgotten the horror of it. Here’s his column that ran in American Thinker on August 30, 2014

Healthcare Plans Are Not Returnable

by Emily Minick

September 18, 2014

Healthcare is unique among many of the products we commonly purchase in that it is non-returnable.  Healthcare is only available for purchase once a year during “Open Enrollment”, unless one has a qualifying life event. Once you enroll in a healthcare plan, while you can drop your coverage anytime over the course of the year, you cannot enroll in another plan until next open season.

Why is this significant? Well, if you have to purchase healthcare on the ObamaCare exchanges, you are unable to find out due to a secrecy clause in the law whether that particular plan covers elective abortion until after you already enroll and pay. Essentially you have to purchase a plan in order to find out what is in it. A newly released Government Accountability Office (GAO), a non-partisan government watchdog, confirmed in a groundbreaking report this week that there is a lack of transparency regarding abortion coverage in ObamaCare, with 11 out of 18 issuers not informing individuals about elective abortion coverage until after they already enroll in a particular plan.

Let’s say someone finds a plan on their respective state exchange and they enroll and they find out after that the plan includes elective abortion coverage. That individual can either a) drop coverage entirely and unless they have a qualifying life event and go without coverage for the remainder of the plan year, and more than likely be subject to the individual mandate penalty or b) violate their conscience and pay for elective abortion coverage through the abortion surcharge, which is a slush fund used to finance other people’s abortions.

Either way, these are both non-options.

Purchasing a healthcare plan before you are able to find out what is in it is completely unacceptable. Additionally, the long-standing Hyde Amendment to the Labor Health and Human Services Appropriations Bill (LHHS) strictly prohibits federal funding for abortion yet. GAO confirmed in their report, however, that Obamacare subsidizes elective abortion coverage on the exchanges with taxpayer dollars. ObamaCare therefore bypasses the principles of the Hyde Amendment.

We were told that ObamaCare would not subsidize elective abortion with taxpayer funds. I guess we can add this to the long laundry list of ways the Administration has broken their promise when it comes to ObamaCare next to individuals losing their plans, premiums increasing, limited choices and budget busting price tags.

Memo to Evangelicals: All Marriages Are Not, Nor Ever Will Be, Biblically Equal

by Rob Schwarzwalder

September 15, 2014

Evangelicals for Marriage Equality” has published a piece in TIME magazine asserting an orthodox theological case for same-sex “marriage.”

This ground has been covered so often that to write about it again seems redundant to the point of being tedious. Yet it cannot be ignored because its proponents keep raising it. Below are some responses to this new initiative whose essential argument – that “it’s possible to be a faithful Christian with a high regard for the authority of the Bible and a faithful supporter of civil marriage equality” – is simply not consistent with biblical teaching, natural law, or the quantifiable good of society.

This is not a dispute like Christian disagreements over modes of baptism or the doctrines of the end times (you say amillenial, I say premillennial, but we’re not going to call our fellowship off). It is about whether or not the clear meaning of any number of passages in the Old and New Testaments is true, and whether what the Bible teaches about human sexuality is right or wrong.

To professing Evangelical advocates of same-sex “marriage:” Stop dissembling. Reject revealed truth concerning human sexual behavior if you will. Christ does not compel faithful discipleship at the point of a gun. Just don’t pretend the Bible doesn’t say what it says or that your personal experiences and/or longings must supersede the commands of the Creator and Redeemer of the universe.

Dr. Robert Gagnon, “Jesus, Scripture, and the Myth of New-Knowledge Arguments About Homosexuality

Jesse Johnson, “The Case Against Same-Sex Marriage

Andrew Walker, “An Evangelical Defense of Traditional Marriage

Rev. Peter Sprigg, “Top Ten Harms of Same-Sex Marriage

Rob Schwarzwalder, “Leviticus, Jesus, and Homosexuality: Some Thoughts on Honest Interpretation

Rev. Dr. David E. Prince, “Christianity and the New Liberalism: Homosexuality and the Evangelical Church

Data Mining” Core or Common Core?

by Krystle Gabele

September 12, 2014

On Tuesday, FRC hosted a webcast, “Common Core: The Government’s Classroom,” which featured several government officials and education experts discussing the flaws behind the Obama Administration’s program designed to improve testing and curriculum. Common Core has experienced quite a bit of backlash from both educators and parents alike, as the standards for this program were not fully developed prior to implementation at the state level.

Jane Robbins, J.D., with the American Principles Project, was one of the experts who appeared on our webcast. Robbins discussed how data mining is being used to collect information on students, thus violating their privacy and threatening parental rights. Watch Jane Robbins’s interview below.

Feeling our History

by Robert Morrison

September 12, 2014

Hurry, we’re late,” my wife called back to me. She was headed to the Midshipmen Store at the U.S. Naval Academy. A sale was on for Navy fan gear and we wanted to be well attired for the annual Army-Navy football game. I had the honor of accompanying my wife, then a Navy Captain and a commanding officer of the Academy’s health clinic.

Go on, I’ll catch up,” I called out, relishing the opportunity to stage my own little mutiny. I had seen a large cannon in front of MacDonough Hall just a few yards from the Mid Store. I was fascinated by the ding, the pronounced concavity in the mouth of that cannon. The plaque below told the story. I’m a slow reader of historical plaques.

As I ran my hand over that ding, I read how Lieutenant Thomas MacDonough had fired the cannon ball from his ship that had hit this naval gun and caused that depression in the mouth of this captured British cannon. Even more dramatic, Lt. MacDonough’s well-aimed shot had driven this very gun back on its carriage and had killed Commander George Downie, the British skipper of the HMS Confiance. That was a turning point in the Battle of Lake Champlain.

The Battle of Lake Champlain was fought two hundred years ago, on September 11, 2014. In our time, September 11th will be remembered, as it should be, for the horrific terrorist attack on the World Trade Center, the Pentagon, and United Flight 93, brought down by heroic American passengers over Shanksville, Pennsylvania.

But the War of 1812 had its share of terror tactics, too. A Canadian writer, the late Pierre Berton, related the story of what happened when the American militiamen outside what was to become Chicago surrendered to Indian allies of the British. Six hundred Pottawatomie Indians, led by Black Bird, their chief, had pledged to let the captured soldiers and their families go free for a ransom of $100 each. Black Bird will not keep his promise.

At the wagon train, the soldiers’ wives, armed with their husbands’ swords, fight as fiercely as the men. Two are hacked to pieces, a Mrs. Corbin, wife of a private, had vowed never to be taken prisoner and…Cicely [a black woman, an enslaved person]who is cut down with her infant son. Within the wagons, where the [soldiers’] younger children are huddled, there is greater horror. One young Indian slips in and slaughters twelve single-handed, slicing their heads from their bodies in a fury of bloodlust.

[Pierre Berton, The Invasion of Canada: 1812-13, Penguin Books Canada, Ltd. Toronto: 1980, p. 254.]

Ransom? Beheadings? Woman and children slaughtered? Sounds like this morning’s headlines on ISIS. This was hardly an isolated incident. Such massacres on both sides were part of our country’s early history.

Knowing about such events in our past helps us cope with terrorism today. It’s not the first time we have faced such determined and bloodthirsty enemies. It won’t be the last.

What we need is to have a feel for our history. I have run my hand over that ding in the cannon’s mouth. I felt it. At the Lincoln Cottage in Northeast Washington, D.C., you can run your hand along the railing of the stairs that lead up to the room where President Lincoln drafted the Emancipation Proclamation. Across the river at nearby Mount Vernon, you can mount the same stairs that George Washington descended when he learned that he had been elected the first President of the United States.

Through such experiences, we place ourselves in communion with all those Americans past and present who have taken the oath to defend the land we love. My wife and I have many times attended the Induction Day ceremonies at the Naval Academy. That’s the day when approximately 1,200 new “Plebes” arrive to begin their four-year period of instruction in military and academic subjects. On I-Day, the Plebes receive their immunizations; get extensive physical examinations, and haircuts. They are dressed in baggy uniforms called “whiteworks.” All their over-the-counter and prescription drugs are dumped in big piles. From now on, the Navy is responsible for their health and safety.

At day’s end, the Plebes and their parents gather in Tecumseh Court. “T-Court” is named for an enemy Indian chieftain we honor today for the fact he saved American prisoners from being tomahawked and scalped during the War of 1812.

Suddenly, over the massive columns of Bancroft Hall, four Navy jets thunder overhead, so low you can read the numbers on their fuselages. You can feel the roar in the pit of your stomach. It’s sound of freedom, they say.

And the Plebes raise their right hands and recite the Oath of Office. Many of their parents and many of us assembled as a cloud of witnesses will be in tears as these vibrant young people pledge their lives to protect and defend our Constitution.

They end their recitation of the Oath with the same words spoken by George Washington and Abraham Lincoln, and by every other commander-in-chief:

So Help Me God

You can run your hands over these words. They are engraved on a plaque affixed to the bulkhead (wall) in Bancroft Hall. You can feel your country’s history.

The Social Conservative Review: September 11, 2014

by Krystle Gabele

September 11, 2014

Click here to subscribe to The Social Conservative Review.


Dear Friends,

All responsible moms and dads in America are concerned with their children’s education. Public school, private school, Christian school, home school: Whatever choice parents make for their kids, they care deeply about how and what they will learn.

That’s why FRC has taken a strong stance on the Common Core education standards being promoted by the Obama Administration. Earlier this week, FRC President Tony Perkins and Senior Fellow Sarah Perry, J.D., hosted a nationwide webcast on what Common Core is and the dangers it imposes. Joined by such leading voices as Louisiana Gov. Bobby Jindal, U.S. Rep. Tom Cotton (R-Ark.), Will Estrada, Esq. of the Home School Legal Defense Association, and esteemed educator Dr. Sandra Stotsky, Tony and Sarah explained why the Common Core standards threaten not just the educational competence of the next generation, but the whole premise of our society: That parents and children belong to one another, not any government program, however well-intentioned.

Watch the program here and join us in taking action. It’s about families, children, and the future of our country.

Sincerely,

Rob Schwarzwalder
Senior Vice President
Family Research Council

P.S. How does a man who can’t walk run in a 5k? Adult stem cell transplants! Watch the amazing story of Bryan Hinkle and learn more at FRC’s StemCellResearchFacts.org.


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