Catholics and the Duties of Religious Freedom

By Andrew M. Greenwell, Esq.
6/11/2012
Catholic Online (www.catholic.org)

This right is not exclusive to Catholics. But neither does it exclude Catholics

The Health and Human Services mandate puts us in a fiendish dilemma: it tells us that for us to serve Our Lord in the sick, the poor, the orphan, the stranger, the disenfranchised and unvoiced, we must rebel against the same Lord in supporting acts that are intrinsically vicious. "Render to Caesar the things that are Caesar and to God the things that are God." The HHS mandate is clearly and without question an unjust law. It is a law against the common good.

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CORPUS CHRISTI, TX (Catholic Online) - The right to religious liberty is the inheritance of all Americans. We drink in with our mother's milk an awareness that we have a right to religious freedom. The First Amendment states: "Congress shall make no law . . . prohibiting the free exercise [of religion]."   And, as Thomas Jefferson stated, "[n]o provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of civil authority. It has not left the religion of its citizens under the power of its public functionaries."

This right is not exclusive to Catholics. But neither does it exclude Catholics.

Yet in January of this year, in an unprecedented move, Kathleen Sebelius, Secretary of the Department of Health and Human Services, issued a federal mandate which requires all employers-including Catholic hospitals, colleges, schools, adoption agencies, and other of the Catholic Church's charitable institutions -to provide and fund practices that go against the Catholic Church's moral teachings, and not only against her teachings but against the natural moral law that binds all men.

In effect, the federal mandate requires that the Church-if she is to continue her ministry to all peoples-to fund, support, and facilitate access to contraception, sterilization, and abortion-inducing drugs to the employees employed in her charitable institutions.

The move by HHS is fiendish. It seems calculated to put the Church on the horns of a dilemma, to force it into a moral quandary.

It is a fundamental principle of the natural law that one is never to do evil so that good may come.   This is particularly true for intrinsic evils. Nothing justifies an act of murder, of rape, of genocide. These are intrinsic evils.

The Church, of course, whether you agree with her or not, sees the things it is being compelled to support, to fund, to promote by the HHS mandate in the same category. We may never, never, never do an intrinsic evil-something against the natural moral law-no matter what the good we may think may come of it.

This is not a matter of prudential judgment. We are not utilitarians where everything is up for compromise. This is an absolute, exceptionless norm.

So the HHS mandate as currently written compels, under the force of law, Church-affiliated organizations to do something intrinsically evil, something not only against The Church's religious doctrine, but something against the natural moral law, something universally wrong, something clearly against the common good, something inhuman.

It puts us in a fiendish dilemma: it tells us that for us to serve Our Lord in the sick, the poor, the orphan, the stranger, the disenfranchised and unvoiced, we must rebel against the same Lord in supporting acts that are intrinsically vicious.

Confronted with such a dilemma. What are we to do?

Now the New Testament does not have a lot specifically to say about politics. But it does provide us two principles that stand in constant tension. There are two "poles" between which we must sail.

The first: St. Paul states that Christians should be subject to the governing authorities, "for there is no authority except that which has established. The authorities that exist have been established by God."   (Rom. 13:1) We are a lawful people.

The second principle we find in St. Peter: "We must obey God rather than men."   (Acts 5:29) We are a Godly people

When do we obey man? When do we obey God and not man?

Scripture gives us an intermediating principle: "Render to Caesar the things that are Caesar and to God the things that are God."   (Matt. 22:15-22; Mark 12:13-17; Luke 20:20-26)

So we have to figure whether the HHS mandate, is clearly and without question a usurpation by Caesar.

And it is. It is an unjust law. It is a law against the common good.

How do we know?

We might here invoke Martin Luther King, Jr.'s famed Letter from the Birmingham Jail, which in a nutshell states what persons of conscience should do when confronting an unjust law:

"I would agree with Saint Augustine that 'An unjust law is no law at all.' Now what is the difference between the two? How does one determine when a law is just or unjust? A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of Saint Thomas Aquinas, an unjust law is a human law that is not rooted in eternal law and natural law."

Following Reverend King who enunciates perennial principles, the HHS mandate is no law. It is not binding on the conscience. ...

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1 - 10 of 18 Comments

Rob
11 months ago
Judy, I do agree with you somewhat. But I'm not sure we'll ever get to that perfect combination of people to affect any real change. The two parties have effectively divided the citizens of this country to the point where they have pretty much neutralized the power of our vote. The only people they are listening to are the power brokers funding their campaigns. That is where the real power lies and unless their top priority is ridding this country from the scourge of abortion, it's not happening. We give our vote election cycle after election cycle with no strings attached, but does anyone honestly believe that the big campaign funders of the world don't expect nothing for their money? They are buying influence, we are buying BS. It's no wonder things are the way they are for us, we are getting exactly what we pay for.
Judy Claar
1 year ago
Rob: Nice post. A signature of the president's pen, cannot overturn Roe v. Wade. But, the important thing is, it is the elected president who appoints Supreme Court Justices that will decide if Roe v. Wade is overturned. If it is Republican, we perhaps have a chance. And it could be the beginning of the end. If it is Obama...forget it. (This is my understanding, anyway.) There is a Blogger, by the name of Paul Kengor, who said, "Overturning Roe? Not anytime soon-Thanks to Catholics." I do not read him. I was searching for something and ran across him. I quote this, because I have heard this point made before. He, PK said it, because so many Catholics voted for Obama. Rob, Catholics that voted for him last election, surely have no Excuse to this election! PLUS, it has been scientifically proven, that Life Begins At Conception. I am not an ordained religious, but being a devout Catholic, and of my own opinion, I do not know how one can call themselves Catholic, if they vote for Obama, knowing what they know about him now. I am not judging, just questioning. A non-vote is also a vote for Obama in my mind. And yes, I do agree w/you, that we should go back to the quotes of Martin Luther King Jr., in the Civil Rights days. I was blessed, but didn't know it at the time, to hear him speak...not old enough to understand all, but got some of it. His quote here was perfect! So were many in, "A Man For All Seasons." What inspirations! Blessings...
Sheila M. Neugebauer
1 year ago
The chief counsels for the USCCB electronically submitted a 21-page response on May 15 that contains great values, many of which should be sent to the Centers for Medicare & Medicaid Services in DC. Read this letter by googling "ANPRM does not change." Deadline for comments is Tues., June 19, and pray that people get wise quickly.
Rob
1 year ago
I think the time has come to realize two things. First, our elected officials have ceased to represent our interest. They will pretend to do so when it's convenient for them, but once elected they have to serve the small group of special interest who bought their way there. Second, I thnk the time has come to stop pretending that this political process is getting us anywhere. It really is time to protest in the manner of the civil rights movement. And it may be drawing near to the time where we of good faith may have to occupy a jail cell on ocassion. As Catholics we are called to preach the truth always and everywhere. We must be willing to walk away from the propoganda of our parties and hold all elected officials accountable for the scourge of abortion so long as it remains a law on our books. We must stop being satisfied with the status quo. I really believe we must always pray for our politician's conversion, but if they refuse to take up the fight, then they need to lose their job and be replaced with someone who will. Otherwise, we have settled for the status quo and that baby who loses his/her life because someone won't fight does us no good. We have to refuse to have our vote put in a prolife box when at the end of the day abortion, planned parenthood remain. Until we have the courage to do that, we will get no where. Until we are willing to set aside our egos and see these parties for what they really are and really hold them accountable, I guarantee that abortion will always be the law of the land. These men and women we send to DC have been given the power to rid our country of this horrible law. If we never hold them accountable for exercising it, why on earth will they ever change course?
Andrew
1 year ago
@Michael:
The article was a speech to a mixed audience, not a Catholic audience, and so I wanted to stress our American heritage. Moreover, the right I was referring to was that based upon the U.S. Constitution, which is a civil right based upon positive human law. It was not a speech on the moral basis of any civil right to religious freedom. You are right that, from a moral perspective, the natural right to religious freedom is not a right to believe whatever we want, but it is a right (really stemming from the duty) to believe what is true. The Church actually has both a natural right and divine right to exercise her ministry without interference by the State, but one argues in vain to suggest the U.S. Constitution acknowledges that.
josephine
1 year ago
This well written article, backed up by the great saints, is clear and understandable. It makes the diemma no dilemma at all just a truthful clarification. The probem of course is how to behave with this knowledge as, in my experience argument does no good!
Dawn in Kansas
1 year ago
This is nothing but Christian persecution whereby a few people are attempting to force all of us into collusion with evil. Abortion is an inherent evil. Pills and other abortacides are an inherent evil. Forcing us to withdraw from or withhold educational, medical, social and charitable services or comply with unconscionable and immoral governmental mandates is a direct assault on the Church. Persecution of our orthodoxy can not be tolerated in a free society or our model for others and our voice for the rights of others fail. Our faith makes us strong to stand on the side of the Bishops!! May God Almighty bless our men and women of faith!! May God be with us as we protest; Father, Son, and Holy Ghost. Amen.
RichStine
1 year ago
It is the very fabric of my faith, the very basis of the teachings of Jesus Christ, that the notion of contraceptive availability for everyone who chooses to use it, should not be dictated by the religious, the government, or anyone else. I understand the repugnance the Church has for the idea of something they are vehemently against, to be made so easy to get. If contraception is made readily available to all who are legally able to use such methods to prevent pregnancy, the fear or concern is that more good, Catholic women will use this product. Regardless of Church stance. Even if it is a mortal sin.
Herein lies my concern: when we dictate to others what they can or cannot do, we become tyrants. Forced moral or ethical behavior on a society or an individual, while it may result in a certain amount of obedience, creates an illusion that what they are doing or not doing is because they have that choice.
People...including women...are not so weak or lacking in the ability to make an informed decision. If someone wants to be Catholic, it behooves them to become educated about the Church, and make a personal decision regarding whether or not to embrace Her. To include the decision to refrain from contraceptive usage. To refrain from aborting pregnancy. To not steal, kill, etc.
So, too, do those who have embraced their Catholicism, are part of the Church, have to decide As They Always Have Had To Do, Privately...whether or not to behave in a way contrary to what they truly believe is right. All Catholics have their beliefs tested. Always have. And this particular test, if you like, is not something Obama has invented. This is an age-old argument, and it will never go away until Christ comes again in glory.
There's always ex-communication, I suppose. But in the end, what matters is our own faith. Do we have the faith in our Church's ability to Teach...not Dictate...what she believes Christ taught? Do we have the faith also in God the Father, God the Son, and God the Holy Spirit, to finish that good work begun?
People are fallible. Christ is not. I trust that in the end, even if my brothers and sisters in Christ and I disagree completely, I think that God deals with each of us on our own level, and takes us in the path of Righteousness for His name's sake, as fast as he knows we can handle it. As a parent that models behavior in front of a child, so should the church. But to dictate, mandate and manipulate by force, has not nor ever will be constructive.

Thoughts from a Prodigal Son who is grateful to be home, and forgiven by the Father.
RichStine
David D.
1 year ago
Hey Josh ... In response to your comment regarding the position of the Catholic Church on contraception, and if you truly are in search of understanding in that area, I would direct you to the Catechism of the Catholic Church article 2399 specifically, but the entire section beginning at article 2370 is an edge-of-your-seat thriller! I am constantly amazed by the Catechism. Got a question about a life issue ... it's in there. You might also be interested in reading the following tract at http://www.catholic.com/tracts/birth-control. It's rich with information pulling extensively from Pope John Paul VI's "Humanea Vitae". You'll see that the position of the Church, has never varied in regard to contraception. (Unlike so many of the 30,000 some-odd Protestant denominations that beginning in the 1930's have caved to social pressures. But we still love you guys!) There are many valid reasons for our position - scriptural, tradition, societal, but to my simple mind, the biggest reason is that the use of contraceptives is kinda saying to your spouse, "I am unwilling to give myself completely to you, to be open to creating a life, to put our life together (which in a Catholic marriage is a Christ-centered covenant relationship) in the hands of God." (Who by the way, because He is God, is in all likelihood in a much better position than any of us to know what's best for us!). And while you are correct in your statement that the pill is at times an efficient method for dealing with menstrual "issues" (hey, I'm a guy, it's hard enough to type the word menstrual let alone list any of the specifics associated with it.), I would offer that there are a number of equally effective, morally licit methods for achieving the same ends without the potentially disastrous physical side effects and the risk that individuals may enter into morally bankrupt behaviors (us being human and that whole broken and sinful thing). Chose your doctors carefully (there is a national network of pro-life physicians), ask questions, and don't settle for the 'popular solution'. As an aside, Church teachings do not condemn the use of the pill in such intances. However, there's that whole slippery slope argument that I could make so let's leave it at better simply to remove oneself from the proximity (temptations) of sin than thinking we are more clever than the one who has been in the business of deception for thousands of years. Peace, out, and God Bless!

p.s. ... Karl, Thank you for your service! And keep up the good fight. They will brand us as they choose but as long as our words and actions remain rooted in love it's only a matter of time until the world sees where the seat of intolerance truly rests.
Bill Sr.
1 year ago
And to Michael.... I say truly,
Absolute truth is absolutely unacceptable in modern debate where the history of mankind and his God have been made obsolete and irrelevant. The cloud of evil over our society designed by those who have desired their own version of divine power has cast a dark gray shadow over law and justice to where there is no right or wrong, light and darkness are now blurred in the eyes of the people and they unwisely reach out to the audible secular voice of Caesar for guidance often forsaking the inter voice of truth from God which history has proven time and time is the only salvation for mankind.

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