DJ ______________________________________________________________________________ Unacceptable February 27, 2012 he Obama administration has offered what it has styled as an ―accommodation‖ for religious institutions in the dispute over the HHS mandate for coverage (without cost T sharing) of abortion-inducing drugs, sterilization, and contraception. The administration will now require that all insurance plans cover (―cost free‖) these same products and services. Once a religiously-affiliated (or believing individual) employer purchases insurance (as it must, by law), the insurance company will then contact the insured employees to advise them that the terms of the policy include coverage for these objectionable things. This so-called ―accommodation‖ changes nothing of moral substance and fails to remove the assault on religious liberty and the rights of conscience which gave rise to the controversy. It is certainly no compromise. The reason for the original bipartisan uproar was the administration’s insistence that religious employers, be they institutions or individuals, provide insurance that covered services they regard as gravely immoral and unjust. Under the new rule, the government still coerces religious institutions and individuals to purchase insurance policies that include the very same services. It is no answer to respond that the religious employers are not ―paying‖ for this aspect of the insurance coverage. For one thing, it is unrealistic to suggest that insurance companies will not pass the costs of these additional services on to the purchasers. More importantly, abortion- drugs, sterilizations, and contraceptives are a necessary feature of the policy purchased by the religious institution or believing individual. They will only be made available to those who are insured under such policy, by virtue of the terms of the policy. It is morally obtuse for the administration to suggest (as it does) that this is a meaningful accommodation of religious liberty because the insurance company will be the one to inform the employee that she is entitled to the embryo-destroying ―five day after pill‖ pursuant to the insurance contract purchased by the religious employer. It does not matter who explains the terms of the policy purchased by the religiously affiliated or observant employer. What matters is what services the policy covers. The simple fact is that the Obama administration is compelling religious people and institutions who are employers to purchase a health insurance contract that provides abortion-inducing drugs, contraception, and sterilization. This is a grave violation of religious freedom and cannot stand. It is an insult to the intelligence of Catholics, Protestants, Eastern Orthodox Christians, Jews, Muslims, and other people of faith and conscience to imagine that they will accept an assault on their religious liberty if only it is covered up by a cheap accounting trick. Finally, it bears noting that by sustaining the original narrow exemptions for churches, auxiliaries, and religious orders, the administration has effectively admitted that the new policy 1 (like the old one) amounts to a grave infringement on religious liberty. The administration still fails to understand that institutions that employ and serve others of different or no faith are still engaged in a religious mission and, as such, enjoy the protections of the First Amendment. Signed: John Garvey President, The Catholic University of America Mary Ann Glendon Learned Hand Professor of Law, Harvard University Robert P. George McCormick Professor of Jurisprudence, Princeton University O. Carter Snead Professor of Law, University of Notre Dame Yuval Levin Hertog Fellow, Ethics and Public Policy Center Religious Leaders His Eminence, Timothy Cardinal Dolan Archbishop of New York President, United States Conference of Catholic Bishops Archbishop Joseph E. Kurtz, D.D. Archbishop of Louisville Shaykh Hamza Yusuf Zaytuna College Archbishop Charles J. Chaput, OFM Archbishop of Philadelphia Chuck Colson Founder, Prison Fellowship Ministries Dr. Paige Patterson Former President, Southern Baptist Convention President, Southwestern Baptist Theological Seminary Reverend Frederick R. Parke Pastor, Assumption Catholic Church Mother Agnes Mary Donovan, SV Superior General, Sisters of Life 2 Eugene F. Rivers III Senior Policy Adviser Office of the Presiding Bishop Church of God in Christ Most Revd. Peter Akinola Former Anglican Primate of the Church of Nigeria Former Bishop of Abuja Former Archbishop of Province III Randy Alcorn Author Founder, Eternal Perspective Ministries Most Rev. John G. Vlazny Archbishop of Portland in Oregon Archbishop John J. Myers Archdiocese of Newark, New Jersey Joel Belz, Founder, World Magazine Sister Joseph Marie Ruessmann, R.S.M. Generalate Secretary Religious Sisters of Mercy—Alma, Michigan Sister Mary Christine Cremin, R.S.M. General Counselor & Local Superior Religious Sisters of Mercy Knoxville, Tennessee Sister Mary Prudence Allen, R.S.M, PhD Local Superior Denver/Edwards Convent of Mercy Archbishop Charles J. Chaput, OFM, cap. Chair of Philosophy St. John Vianney Theological Seminary, Denver, Colorado Sister Mary Nika Schaumber, R.S.M., J.C.D. Local Superior, Religious Sisters of Mercy of Alma, Michigan Coordinator, Department of Religion, Saint Francis Health System, Tulsa, Oklahoma Sister Mary Patrice, R.S.M. M.S., Psy.D. Candidate Institute for Psychological Studies Arlington, Virginia Sister Barbara Anne Gooding Director, Department of Religion Saint Francis Health System Sister Teresa Mary Kozlovski, R.S.M. 3 Sister Deborah (Mary Cora) Uryase, R.S.M., Ph.D. Assistant to the President-Rector Kenrick-Glennon Seminary Saint Louis, Missouri Sister Mary Pierre Jean Wilson, R.S.M., J.C.D. Assistant Professor of Canon Law St. John Vianney Theological Seminary Denver, Colorado Sister Moira Debono, R.S.M., S.T.D. Local Superior, Religious Sisters of Mercy Sister Mary Judith O'Brien, R.S.M. Member, Religious Sisters of Mercy of Alma, Michigan Chancellor Catholic Diocese of Saginaw, Michigan Sister Yvonne Mary Loucks, R.S.M. Local Superior Saginaw, Michigan Rt. Rev. Lawrence G Gosselin, Ch USAF (Ret) Dean Emeritus and Chairman Committee for Eastern Catholics in the Military Services of the United States and Canada Michael Easley Former President, Moody Bible Institute Lead Pastor Fellowship Nashville, Tennessee Fr. Francis Martin Chaplain Mother of God Community New Testament Professor Emeritus, Dominican House of Studies, Washington, DC Fr. Matthew S. C. Olver Church of the Incarnation Jimmy Draper President Emeritus LifeWay Christian Resources Fr. Joseph D. Fessio, S.J. Editor, Ignatius Press Robert C. (Ric) Cannada, Jr., Chancellor and CEO Reformed Theological Seminary Ken Myers Host and Producer, Mars Hill Audio 4 John Stonestreet Speaker and Author, Breakpoint and Summit Ministries James H. Garland, Bishop Emeritus of Marquette Randall Brannon Pastor, Grace Community Church Madera, California Rev. Paul Monahan St. Patrick’s Catholic Church Neola, Iowa Mark Williamson President and CEO Foundation Restoration Ministries / Federal Intercessors Reverend Mark V. Scott Associate Pastor, Azusa Christian Community Sister Gilmary Kay R.S.M. Vocation Director Religious Sisters of Mercy Alma, Michigan Sister Mary Christa Nutt, RSM Coordinator of the United States Bishops Office for Visitors to the Vatican _______________________________________________ [Note: Affiliations provided for identification purposes only] University and College Professors Jean Bethke Elshtain Laura Spelman Rockefeller Professor of Social and Political Ethics in the Divinity School, Department of Political Science and the Committee on International Relations, The University of Chicago Michael W. McConnell Richard and Frances Mallery Professor of Law & Director, Stanford Constitutional Law Center, Stanford University Rabbi David Novak J. Richard and Dorothy Shiff Chair in Jewish Studies Professor of Religion and Philosophy University of Toronto President, Union for Traditional Judaism 5 Thomas L. Pangle Joe R. Long Endowed Chair in Democratic Studies Department of Government University of Texas at Austin Lorraine Pangle Professor of Government Co-Director, Thomas Jefferson Center for the Study of Core Texts and Ideas University of Texas at Austin Clifford Orwin Professor of Political Science, Classics, and Jewish Studies Fellow of St. Michael’s College and Senior Fellow of Massey College Distinguished Visiting Fellow and Member of the Boyd C. and Jill Smith Task Force on the Virtues of a Free Society, Hoover Institution of Stanford University Department of Political Science, University of Toronto Donald Landry, Samuel Bard Professor of Medicine & Chair, Department of Medicine & Physician-in-Chief, Columbia University Thomas F. Farr Visiting Associate Professor, Edmund A. Walsh School of Foreign Service, Georgetown University Director, Religious Freedom Project, The Berkley Center for Religion, Peace, and World Affairs Margaret F. Brinig Fritz Duda Family Chair in Law Notre Dame Law School Daniel Costello Bettex Chair Professor Emeritus College of Engineering, University of Notre Dame Ann W. Astell Professor of Theology, University of Notre Dame Don P. Kommers Robbie Professor of Political Science Emeritus University of Notre Dame Robert M. Gimello Research Professor of Theology and of East Asian Languages and Cultures University of Notre Dame Tom Pratt Dept of EE, College of Engineering University of Notre Dame 6 David W. Fagerberg Associate Professor