Catholic Bishops: Donât Revise, Rescind By George Weigel February 11, 2012 11:28 A.M. Saturday morningâs Washington Post headline and first sub-headline, page one and above-the-fold, nicely captured the confusions that prevailed as of 6 p.m. Friday, in the matter of tweaks to the âcontraceptive mandateâ issued by the Obama administrationâs Department of Health and Human Services: âObama shifts on birth control / Catholic leaders open to plan.â Well, no, and no. The administration âshiftedâ on nothing. It simply decreed that insurers, not employers, must provide âpreventive servicesâ (including sterilization and abortifacient drugs), a shell game that has been variously and accurately described as a âfraudâ (Andrew McCarthy, in the Corner) and an âabsurdityâ (the Wall Street Journal). More to the point, as Yuval Levin pointed out shortly after President Obama and HHS Secretary Sebelius announced their âaccommodation,â the newly tweaked regulations âwould not actually change the moral circumstances at issue in any way.â Later in the day, on the PBS News Hour, Ray Suarez confronted Secretary Sebelius with the obvious: Someone was going to pay for the contraceptives provided, and who, if not those who purchased the insurance that had to include these âpreventive services?â The secretary then took the absurdity to a new level by claiming that none of this would cost anyone anything, as there was empirical evidence showing that readily available contraception lowered the overall costs to the health-care system by reducing the rate of pregnancy. All of which was, on a much graver matter, reminiscent of an old WPA poster-turned-postcard that I recently saw at the Grand Canyon, which extolled Grand Canyon National Park as âA Free Government Service.â Right. The question on some minds as of 6 p.m. Friday night, though, was whether the Catholic bishops, who had taken the point in opposing the HHS mandate since its announcement on January 20, grasped that they had been played for fools by the administration. A rather anodyne initial reaction from the United States Conference of Catholic Bishops to the Obama/Sebelius âaccommodationâ had sent the blogosphere into turmoil Friday afternoon. Charges that the bishops were âcavingâ were soon flying all over cyberspace, charges that seemed to accept at face value the administrationâs self-satisfaction over the âaccommodation,â in which Obama and Sebelius had been reinforced by the likes of Sister Carol Keehan, president of the Catholic Health Association, and Father John Jenkins, C.S.C., president of Notre Dame, both of whom were quick out of the blocks to praise the administrationâs moves. But the bishops hadnât caved, and even if they had lost the first battle of the spin-cycle, they certainly hadnât lost the war. Itâs a war they are determined to fight and win, legislatively and/or judicially, and they will do so with the solidarity of allies across the American religious spectrum. The USCCBâs developed statement on the administrationâs âaccommodationâ came late on Friday, about 6:30 p.m. EST, but irrespective of the timing, the statement made several things abundantly clear: 1) There was no âdealâ with the administration and no âdealâ was possible under the terms laid out in Fridayâs âaccommodation.â 2) The âaccommodationâ failed to address the legitimate concerns of key actors in the heath-care system, including âself-insured religious employers,â âreligious and secular for-profit employers,â âsecular non-profit employers,â and individuals, such that the proposed new regulations were, simply, âunacceptable.â 3) The âaccommodationâ continued the disturbing process of âneedless government intrusion in the internal governance of religious institutionsâ and threatened âgovernment coercion of religious people and groups . . .â 4) Thus the religious freedom of institutions and men and women of conscience remained gravely imperiled by the tweaked HHS mandate and âthe only solution to this . . . problem is for HHS to rescind the mandate of these objectionable services.â Now there is the sound-bite for anyone wishing to explain the opinion of real âCatholic leadersâ on the Sunday talk shows and during the coming weeks: âDonât revise, rescind.â This is not, in other words, a situation analogous to conscription laws, where a humane society makes provision for the pacifistâs conscientious objection to a just law. In the case of the HHS mandate, tweaked or untweaked, the law itself is unjust, and must be fought until it is undone. This USCCB critique of the tweaked mandate was spelled out further in a letter to the entire body of American bishops signed by Cardinal-designate Timothy M. Dolan and the four other bishops with lead responsibility for the Catholic response to HHS. The letter was originally sent Friday night to a closed website that only bishops can access, but it promptly leaked (and may well have been deliberately leaked). The letter bluntly stated that the administrationâs new policy âdoes not meet our standard of respecting the religious liberty and moral convictions of all stakeholders in the health coverage transaction.â Then came the commitment to pursue the war against the mandate on all fronts: âWe remain fully committed to the defense of our religious liberty and we strongly protest the violation of our freedom of religion that has not been addressed. We continue to work for the repeal of the mandate. We have grave reservations that the government is intruding in the definition of who is and who is not a religious employer . . .â The media spin notwithstanding, this is not a matter of âshiftsâ on âbirth controlâ by the administration; itâs a matter of a grotesque overreach by state power, one that threatens the entire fabric of civil society as well as the first of American liberties, religious freedom. That is why the judicial challenge to the HHS mandate will be mounted on an ecumenical and inter-religious basis, as the protest against the mandate has been. And that is why legislative attempts to reverse what Obama and Sebelius have wrought have drawn bipartisan support. Perhaps, one day, Sister Carol Keehan and Father John Jenkins will grasp this. But the bishops have, and theyâre ultimately the Catholic leaders who count. Whatever the defects in the bishopsâ ability to play the spin-cycle game with dexterity, what counts here is the substance, and on the substance there is solid and durable agreement among the bishops. And that, too, counts, for it is on the substance that the war will be fought, and won. http://www.nationalreview.com/corner/290871/catholic-bishops-don-t-revise-rescind-george-weigel