Cardinal Dolan Joins Protest Over 'Unacceptable' Attack on Religious Liberty
500 signatures are now on Becket Fund for Religious Liberty's petition campaign to protect Americans' First Amendment rights.

Feb. 27 UPDATE: Now more than 500 signatures, including just added Cardinal Timothy Dolan’s, are on this letter.
Feb. 15 UPDATE: Now more than 300 signatures are on this letter.
Original Feb. 14 story below.
Two leading bishops have joined the growing list of prominent Church leaders and academics who see the federal government’s recent actions as an assault on religious freedom.
The Becket Fund for Religious Liberty today posted a Feb. 13 letter to that effect. In addition, it kicked off a petition urging everyone to express their disappointment over Obama’s “failure to protect religious liberty.”
Archbishop Joseph Kurtz, vice president of the U.S. Conference of Catholic Bishops, and Archbishop Charles Chaput, the ordinary of Philadelphia, added their names with those of college presidents and faculty, religious leaders of all faiths, and members of the clergy under a Feb. 13 statement of protest against President Barack Obama’s Feb. 10 “accommodation” to religious institutions over the federal contraception mandate.
The list of signatories includes more than 50 faculty members from the University of Notre Dame. Notably absent is the university’s president, Holy Cross Father John Jenkins. On Feb. 10, Father Jenkins responded to Obama’s modification of the mandate on the Notre Dame website. He said:
“The widespread concerns expressed by Catholics and people from other faiths have led today to a welcome step toward recognizing the freedom of religious institutions to abide by the principles that define their respective missions. We applaud the willingness of the administration to work with religious organizations to find a solution acceptable to all parties.
“There remain a number of unclear and unresolved issues, and we look forward to joining the U.S. bishops and leaders from other religious institutions to work with the administration to resolve them.”
In contrast, the signatories of the statement contend that the administration’s “‘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.” Their statement of protest, published on University of Notre Dame stationery and originating from Notre Dame law professor O. Carter Snead, follows in full.
“The 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 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 (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
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Archbishop of Louisville
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