Thursday, January 23, 2014

Response To the Catholic Case For Contraception Coverage Article

There is a horrific flawed article at Religion News Service by Catholics For Free Choice entitled COMMENTARY: The Catholic case for contraception coverage

The article does not deliver on the headline. There is no Scripture, no Church Tradition, no Church Fathers , no Saints ,  no Catholic Moral Theology , no Council or Papal teaching ,  to  give a Catholic case for the  contraception mandate. One would think to make a Catholic case for the HHS Contraception mandate the sources of revelation would have to be cited . He throws in a vague reference to  “conscience” and is it. 

 Further there is no engagement of the Compendium of Social Justice or for that matter Catholic legal theory to give a case for the contraception mandate.

The article is basically Bishops this and Bishops that  despite the fact that this was fight the Bishops were not looking for. Also there is glaring absence of the fact that this fight has been joined by a lot of people that are not Bishops that have no problems with most forms of birth control. The fact that the two cases to be heard in front of the Supreme Court involve non Catholics !

What is also astonishing is there is really no engagement with the law. That is the 3 prong test of the Religious Freedom Restoration Act which these claims rest on for the most part. Is there a Catholic case to just ignore the law ?

I think this piece has some very questionable stats . However rights under the law are not overridden by opinion polls .

Further Mr O ' Brien should question where the State actor is in this case. That is usually for a violation of rights it has to be an action of the State. See recent Duck Dynasty fracas where A & E if they wanted to could fire Duck Dyansty guru and not violate the First amendment. How exactly is Hobby Lobby or the Mennonite  that has a case in front of SCOTUS a state actor that is violating people rights under either secular or Catholic legal theory?  

Is Mr O' Brien all on board with a now establishing   " private establishment clause " ? I have to think a lot of pro choice pro abortion folks would be wary of that because of its implications.

This case is not about birth control but religious liberty and very much a possible radical expansion of Government power over the individual and our lives . The fact is the Federal Govt has been funding birth control for years through Title X which has even got the votes of Catholics like Rick Santorum. Needless to say the Bishops, Protestants , Catholics, and a good many others see a deeper and more troubling issue here.

The issue here is not contraception. If you think contraception is the best thing since sliced bread that is fine. The issue is how that means is accomplished. The issue is not Bishops but Government power that can put you out of business if you don't comply

No comments: