Faith Leaders Testify in Solidarity at Congressional Hearing on Contraception Mandate Violating Religious Freedom

By Annalee Seath, J.D. | February 16, 2012

C-FAM staff attended Congress’s committee on Oversight and Government Reform hearing this morning titled “Lines Crossed: Separation of Church and State. Has the Obama Administration Trampled on Freedom of Religion and Freedom of Conscience.” Panel members included clergy from the USCCB, Lutheran Church – Missouri Synod, Southwestern Baptist Theological Seminary, Yeshiva University and representatives from six Catholic and Christian colleges and universities, standing together in opposition to the HHS contraception mandate.*

In their opening statements, panel members stressed that the HHS mandate constitutes a grave violation of First Amendment Free Exercise, the Religious Freedom and Restoration Act (RFRA), and the historical principles upon which America was founded.

Bishop William E. Lori of Hartford, Connecticut who serves as chairman of the USCCB ad hoc committee on Religious Freedom used the analogy of forcing kosher delis to serve pork as an illustration of how the government’s mandate wrongly answers questions of doctrine that should be left to religious believers. Rabbi Meir Soloveichik pointed out that the Obama Administration displays a fundamental misunderstanding of what religion is when it constrained religion to just prayer and doctrinal study. Rather, he explained, loving the Lord with all ones heart extends to all facets of life. Congressman James Lankford (R-OK) later echoed this sentiment by quoting from James 1:27: that true religion is caring for orphans and widows.

Congressman Edolphus Towns (D-NY) questioned the panel’s opposition to the mandate and Friday’s accommodation in light of certain Catholic organizations’ support after last Friday’s announcement. Bishop Lori replied that organizations such as Catholic Charities USA and the Catholic Health Association do not speak for the church as a whole and said that churches should have the power over their internal affairs relating to doctrinal issues.  Bishop Lori noted that while the US bishops were given the opportunity to comment on the interim final rule in August, they were never consulted on the final rule or the accommodation itself. The other panel members likewise admitted that the Obama Administration never consulted them about the final rule or Friday’s accommodation.

Panel members also fielded questions from the committee about the framing of the issue, whether as a public health debate or a religious liberty issue. Every member of the panel expressed belief that this is a religious liberty and freedom of conscience issue.  Bishop Lori stressed that contraception is widely available and distinguished between the government providing these services and forcing private employers to provide them. The panel members agreed that they would not advocate that contraception be prohibited when used to directly treat health and medical problems (aside from prohibiting conception and birth).

The panel met with heated opposition from Representatives Rosa DeLauro (D-CT), Carolyn Maloney (D-NY) and Gerry Connolly (D-VA). Congressman Connelly argued that the hearing was a partisan ploy using clergy and other panelists as partisan tools. Congresswoman DeLauro chimed in, claiming that the opposition was pointless because exemptions had already been made for places of worship. Congresswoman Maloney worried that the opposition to the HHS mandate might signal a more sinister plan to outlaw contraception altogether. In each case, the panelists steered the discussion back to the issue at hand: government intrusion into the way religious organizations operate.

The panel was not without Congressional support. Representatives Lankford, Blake Farenthold (R-TX), and Ann Marie Buerkle (R-NY) expressed frustration with the mandate, noting the excessive fines to which noncompliant organizations will be subjected and the slippery slope mentality of allowing government intrusion into religious affairs. Congressman Tim Walberg (R-MI) appealed to citizens’ inalienable right to religious freedom and called ministers to speak with clarity as to why the HHS mandate violates both the inalienable right to religious liberty and the Constitution. Congressman Lankford noted that the Administration is essentially arguing: “I disagree with your doctrine; you will change it to mine.”

In response to Congresswoman Buerkle’s question on the consequences to religious groups that fail to implement the rule, Dr. Craig Mitchell’s stated that he would be willing to spend nights in jail rather than comply.

Bishop Lori was asked if he would see hospitals close rather than following the mandate. His reply was straightforward: the Catholic Church cannot and will not violate its conscience.

 

*First Panel: The Most Reverend William E. Lori, Roman Catholic Bishop of Bridgeport, Connecticut; Rev. Dr. Matthew C. Harrison, President of the Lutheran Church, Missouri-Synod; C. Ben Mitchell, Ph.D., Union University Professor of Moral Philosophy; Rabbi Meir Soloveichik, Director of the Straus Center for Torah and Western Thought at Yeshiva University; and Craig Mitchell, Ph.D, Chair of the Ethics Department at Southwestern Baptist Theological Seminary.

Second Panel: John H. Garvey, President of Catholic University of America; Dr. William K. Thierfelder, President of Belmont Abbey College; Dr. Samuel W. “Dub” Oliver, President of East Texas Baptist University; Dr. Allison Dabbs Garrett, Senior Vice President for Academic Affairs, Oklahoma Christian University; Laura Champion, M.D. Medical Director, Calvin College Health Services; and Barry W. Lynn, Esq., Executive Director of Americans United for Separation of Church and State.

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