Los Angeles, Calif., Feb 19, 2020 / 05:35 pm (CNA).- California could lose federal funds for requiring employer health plans to cover elective abortion, federal officials have said.
But the Missionary Guadalupanas of the Holy Spirit, the Catholic consecrated women whose legal complaint helped trigger the threat, only want their voice heard and their conscience clear.
“They have a ministry that works closely with the farm worker community and with immigrants. They’re wonderful women,” Kevin Eckery, a spokesman for the California Catholic Conference, told CNA Feb. 18. “They just didn’t understand why their conscience rights were being ignored, so they took action for themselves and others.”
The Missionary Guadalupanas of the Holy Spirit are consecrated women who live among the poor and needy in inner city and rural areas and serve them through activities like teaching religion classes and working with destitute Spanish-speaking immigrants.
Their June 26, 2017 complaint with the Department of Health and Human Services’ Office of Civil Rights alleged that California’s 2014 rules mandating abortion coverage in health plans burdened their conscience rights and compelled them to fund “the practice of abortion on demand for other plan participants,” despite their Catholic beliefs that direct abortion is “gravely contrary to the moral law.”
Eckery told CNA that the California Catholic Conference saw the new state rules as “overreach” that impinged on the rights of conscience of Californians, especially the Guadalupanas.
“They didn’t understand why as Catholic nuns they were being forced to pay for elective abortion coverage and so they sought relief,” he said.
The Weldon Amendment, first passed in 2005, bars federal funds to state or local governments if they discriminate against institutional or individual healthcare entities, including health insurance plans, that decline to pay for, provide coverage of, or refer for, abortions.
On Jan. 24, federal officials sided with the Guadalupanas and another complainant, the Skyline Wesleyan Church of La Mesa. The HHS Office of Civil Rights estimated that the state mandate wrongly affected at least 35 employer groups serving over 28,000 enrollees, including 13 groups that met California’s definition of “religious employer.”
In a document known as a notice of violation, the Office of Civil Rights said that California’s Department of Managed Health Care ignored its specific request to confirm or deny whether it would align its practices to the Weldon Amendment, and instead issued a response that “confirms its non-compliance.” The office gave California 30 days from Jan. 24 to agree to comply with the law or face limits on federal HHS funds.
The Guadalupanas province, headquartered in Los Angeles, declined to comment to CNA.
Eckert said that the California Catholic Conference is “pleased” that federal action has been taken, but he stressed the need to seek a resolution.
“We’re not out to start or continue a culture war. We’re just out to make sure that the beliefs of people like the Guadalupanas are respected.”
“We’re not seeking to cut off federal funds,” he said. “All we’re seeking is a respectful conversation, but one that is now clearly backed by the government which recognizes that this is a violation of conscience rights.”
“We’re interested in simply rolling back to the status quo that existed prior to 2014,” Eckert said.
In August 2014 California’s Department of Managed Health sent a letter to seven insurance companies stating that they are required to include elective abortions in their health plans. A 1975 state health care law, the California constitution, and court precedent, it said, prohibits health plans “from discriminating against women who choose to terminate a pregnancy.” The law requires all health plans to “treat maternity services and legal abortion neutrally,” the state regulator said.
California officials mandated the coverage after two Catholic universities in autumn 2013 announced that they planned to stop paying for employees’ elective abortions and had secured state approval for the new health plans.
Lobbyists from Planned Parenthood wrote to the California Department of Health and Human Services to insist that agency rules be changed to force religious groups to provide coverage for elective abortions, according to emails published in court filings from the Alliance Defending Freedom legal group.
In June 2016, the Obama Administration rejected the California Catholic Conference’s federal complaint against the mandate. The HHS Office for Civil Rights said it “found no violation of the Weldon Amendment and is closing this matter without further action.”
At that time, leaders with the U.S. Conference of Catholic Bishops said the ruling was “contrary to the plain meaning of the law.” They said it was “shocking” that the federal government allowed California to force all employers, including churches, to fund and facilitate elective abortions.
The federal action against California was announced Jan. 24.
Some California officials, like Gov. Gavin Newsom, were defiant in response.
“Despite a federal opinion four years ago confirming California’s compliance with the Weldon Amendment, the Trump Administration would rather rile up its base to score cheap political points and risk access to care for millions than do what’s right… California will continue to protect a woman’s right to choose, and we won’t back down from defending reproductive freedom for everybody — full stop.”
Eckery, however, rejected partisan political interpretation of objections to the state rule.
“People who want to impose partisan political logic on issues of morality are off-base,” Eckery told CNA. “For us, this is not an issue of partisanship. We refuse to engage in partisanship on these matters. Why would one trade the moral teachings of the Church for just becoming another political party?”
“It’s unfortunate we live in a time of polarization. If we had a lot more respect and spent a lot more time listening than shouting, we’d all be better off.”
In a Jan. 31 statement, the California Catholic Conference said that the Weldon Amendment provision to withhold all federal funding from a state seems “impractical” to most observers and is a reason why the amendment has not been enforced previously.
“Catholic organizations and have been advocating for years for more effective consequences and for a private right of action in such cases,” the conference said.
Harrisburg, Pa., Feb 19, 2020 / 05:30 pm (CNA).- The Catholic Diocese of Harrisburg, Pennsylvania announced Wednesday that it is filing for bankruptcy.
A landslide of clergy abuse lawsuits have been filed against the diocese after a watershed Pennsylvania grand jury report on clerical sexual abuse was released in August 2018 and a change to state law allowed new litigation on old cases.
“This decision was made after countless hours of prayer and careful deliberation with our financial experts, attorneys, and our Diocesan Consultative Bodies,” Bishop Ronald W. Gainer said in an announcement on the diocese’s website.
“Despite the success of the Survivor Compensation Program, which helped 111 survivors of clergy child sexual abuse, or 96% of those who participated in the program, we already are in receipt of half a dozen new lawsuits, any one of which could severely cripple the diocese,” he said.
The bankruptcy filing will allow the diocese to reorganize its finances in order to keep its main ministries afloat and to pay off its existing debts. Pending lawsuits against the diocese will be frozen until after a bankruptcy judgment is made, the Washington Post reported.
In 2018, a Pennsylvania grand jury report claimed to have identified more than 1,000 victims of 301 credibly accused priests in six Pennsylvania dioceses. It also presented a devastating portrait of alleged efforts by Church authorities to ignore, obscure, or cover up allegations - either to protect accused priests or to spare the Church scandal. The text of the report was drafted by the office of the state attorney general Josh Shapiro.
The two dioceses not included in the report, the Archdiocese of Philadelphia and the Diocese of Altoona-Johnstown, had undergone previous investigations.
While the statute of limitations in the state of Pennsylvania prevented most victims from filing lawsuits against priests who are still alive, a recent decision from Pennsylvania’s Superior Court ruled that victims may file lawsuits against dioceses in some cases, even if the statute of limitations for a lawsuit against the alleged perpetrator of the abuse had passed. The decision allowed a wave of lawsuits against the Diocese of Harrisburg.
“Our current financial situation, coupled with changes in the law both here and in New Jersey, where we are already named in one lawsuit and where we anticipate more to follow, left us with no other path forward to ensure the future of our Diocese,” Gainer said.
Harrisburg joins more than 20 U.S. dioceses and religious orders that have filed for bankruptcy due to sex abuse lawsuits since 2004, according to the website bishop-accountability.org. They are the fifth diocese to file since the summer of 2018, during which accusations of sexual abuse against former cardinal Theodore McCarrick came to light, and the Grand Jury report was published.
“The diocese was in need of right-sizing,” Matthew Haverstick, an attorney for the Diocese of Harrisburg, told the Washington Post. “Bankruptcy is really the responsible way to do it, so it can continue to do all the things it does, spiritually and charitably.”
Shaun Dougherty, who has campaigned for changes to the statute of limitations in Pennsylvania, told the Washington Post that the diocese’s decision is “horrendous” because he fears victims will not get justice or fair compensation.
“That’s how [Catholic dioceses] operate. They’re protecting the secrets, the assets,” Dougherty told the Washington Post.
Gainer said in his statement that he hopes to bring the bankruptcy process to a conclusion “as soon as is reasonably possible and in a way that allows us to be present to the community, as we have been for the past 152 years.”
He added that anyone with further questions can find more information on the website for the Diocese of Harrisburg.
“I humbly ask for your prayers for our diocese as we move forward in this process. May God grant us every grace needed during this difficult time,” he said.
“May Mary, Mother of the Church and our Mother, intercede with Her Son to be our strength and support as well.”
Spokane, Wash., Feb 19, 2020 / 05:08 pm (CNA).- Gonzaga University’s plan to become the first Jesuit university to open a law clinic focused primarily on LGBT advocacy has raised “serious concerns” for Spokane's Bishop Thomas Daly.
“While the Catholic tradition does uphold the dignity of every human being, the LGBT Rights law clinic’s scope of practice could bring the GU Law School into conflict with the religious freedom of Christian individuals and organizations,” the Spokane diocese said Feb. 19 in a statement to CNA.
“There is also a concern that Gonzaga Law School will be actively promoting, in the legal arena and on campus, values that are contrary to the Catholic faith and natural law.”
“Bishop Daly and the diocese are studying the issue further and will be discussing these serious concerns with the university administration,” the diocese added.
The diocese told CNA it was not consulted before the university announced the creation of the clinic.
The Lincoln LGBTQ+ Rights Clinic at Gonzaga was developed in partnership with the school’s Center for Civil and Human Rights, the university said in an announcement Feb. 14.
The clinic “aims to advance the equal rights and dignity of individuals who identify as LGBTQ+ through education, programming, advocacy, research, and legal representation.”
It will also provide “a special opportunity for Gonzaga law students to help protect and advance the rights of the LGBTQ+ community,” the university added.
Gonzaga's law school dean, Jacob Rooksby, told CNA that the LGBTQ+ Rights Clinic fits within the Catholic identity of the university because “it allows our students the chance to learn firsthand how law and the work of lawyers can further respect for individual dignity.”
The university noted that Harvard, Cornell, Emory, and UCLA— all secular institutions— have developed LGBTQ+ law clinics.
Father Bryan Pham, S.J., a civil and canon lawyer and chaplain for the Gonzaga School of Law, told CNA that the goal of the clinic is to create a space that helps students understand the viewpoints of a broad range of clients.
"I don't think there's anything that the law school or the clinic will be doing that would be in opposition to the Church's teaching, other than the fact that we want students to engage in this in a civil context of a law setting," Pham told CNA in an interview.
He said the clinic is not “about converting people or trying to get them to believe one way or another.”
“The law in this country is pretty clear about discrimination, so how do we expand that conversation in a much broader context?” he said.
The Lincoln LGBTQ+ Rights Clinic will “offer legal services to members of the public” with the help of second- and third-year law students, under the direction of a full-time faculty member, the university’s announcement explained.
Pham said it will be up to individual professors to decide whether or not to present the Church’s teaching in the classroom. He said “when it's my turn to be part of the conversation, I will definitely bring it up, absolutely.”
Concerns mentioned by Daly about religious liberty seem rooted in litigation some Catholic institutions have faced in recent years.
In the United States, various Catholic schools and dioceses have faced lawsuits from employees who have been fired after contracting civil same-sex marriages in violation of the diocesan or school policy.
In some states, such as Illinois, California, and Massachusetts, Catholic adoption agencies which do not place children with same-sex couples have been forced to close their doors after losing legal challenges.
CNA asked Gonzaga whether students participating in the clinic might find themselves representing clients who are suing Catholic institutions.
“We are in the early stages of this initiative, working to hire a director and launch the clinic in the fall. Given that we are early in our development in the clinic, it is premature on our part to respond to hypothetical circumstances,” university spokesperson Chantell Cosner said in an email response to CNA.
“We anticipate being in a position to speak more specifically about the work of the clinic later this fall.”
But Pham said even if the clinic advocates for same-sex marriage, “the Church won't recognize that, so this really isn't an issue.”
In 2003, the Vatican’s Congregation for the Doctrine of the Faith said that “in those situations where homosexual unions have been legally recognized or have been given the legal status and rights belonging to marriage, clear and emphatic opposition is a duty.”
“One must refrain from any kind of formal cooperation in the enactment or application of such gravely unjust laws and, as far as possible, from material cooperation on the level of their application. In this area, everyone can exercise the right to conscientious objection,” the CDF added.
According to Pham, more basic issues are likely to be the clinic’s focus.
“For us, it's more about how people are discriminated against. So in places of employment, housing, bank loans— you know, they won't give a loan to a couple because they're a same-sex union— so those are really basic human issues,” the priest said.
Pham said his main concern is people’s assumptions that the clinic will advocate for positions contrary to Church teaching.
"My concern is people jumping to conclusions, and just looking at the name of the clinic, and then making an assumption about it,” Pham commented.
“This is something that we're aware of, when we were thinking about doing this clinic. We are a Catholic Jesuit school, our foundation is within Catholic social teaching, so I think my main concern is people hearing about this and often jumping to conclusions without finding out.”
Pham said the university uses a 1997 document from the United State Conference of Catholic Bishops, “Always Our Children,” as a guide for how “we work with our students and with community members who are of that community."
“Always Our Children” was, at the time of its release, criticized by groups who say they are faithful to Church teaching, such as Courage. It was largely embraced by groups critical of Catholic doctrine, such as DignityUSA. The document was not voted on by the full body of bishops, nor even discussed by them before its issuance, according to the National Catholic Register.
“Always Our Children” was revised and reissued in 1998, again, without a full vote of the U.S. bishops. One of the changes was the addition of a footnote to a 1992 letter from the Congregation for the Doctrine of the Faith regarding legislative proposals to address discrimination against people who identify as gay.
“There are areas in which it is not unjust discrimination to take sexual orientation into account,” the document says, “for example, in the placement of children for adoption or foster care, in employment of teachers or athletic coaches, and in military recruitment.”
“‘Sexual orientation’ does not constitute a quality comparable to race, ethnic background, etc., in respect to nondiscrimination,” the document continued.
“Including ‘homosexual orientation’ among the considerations on the basis of which it is illegal to discriminate can easily lead to regarding homosexuality as a positive source of human rights, for example, in respect to so-called affirmative action or preferential treatment in hiring practices.”
“As human persons, persons with a homosexual inclination have the same basic rights as all people, including the right to be treated with dignity. Nevertheless “‘sexual orientation’ does not constitute a quality comparable to race, ethnic background, etc., in respect to nondiscrimination,” the 2006 document said.
“Therefore, it is not unjust, for example, to limit the bond of marriage to the union of a woman and a man. It is not unjust to oppose granting to homosexual couples benefits that in justice should belong to marriage alone,” the document continued.
The Catholic Church teaches that while homosexual inclinations are not sinful, homosexual acts “are contrary to the natural law...under no circumstances can they be approved.”
The Catechism of the Catholic Church states that people with “deep-seated homosexual tendencies” should be “accepted with respect, compassion, and sensitivity. Every sign of unjust discrimination in their regard should be avoided.”
For its part, the Diocese of Spokane said it will approach talks with Gonzaga with hope for a positive resolution to points of disagreement.
“Bishop Daly is a strong supporter of Catholic education and hopes that Gonzaga will continue to be a partner in the Catholic mission of faithful education in the Church,” the diocese said.