Whose Ox Is Being Gored

POST-GAZETTE - Res Publica
Whose Ox Is Being Gored
by David Trumbull -- March 9, 2012

"The numerous academies in New England have been established substantially in the same manner. They hold their property by the same tenure, and no other. Nor has Harvard College any surer title than Dartmouth College. It may to-day have more friends; but to-morrow it may have more enemies. Its legal rights are the same... They are founded by private persons, and on private property. The public cannot be charitable in these institutions. It is not the money of the public, but of private persons, which is dispensed. It may be public, that is general, in its uses and advantages; and the State may very laudably add contributions of its own to the funds; but it is still private in the tenure of the property, and in the right of administering the funds."

The quotation above is from Daniel Webster's 1818 argument before the United States Supreme Court in the Dartmouth College case. At issue was whether the government, in this case the State of New Hampshire, could tell a private corporation, Dartmouth College, what to do. I thought of this celebrated case recently when I read that the United States Conference of Catholic Bishops plans to pursue both "legislative and judicial efforts to restore respect for religious freedom in the nation."

The points-at-law raised successfully by Webster in the Dartmouth College case -- the constitutional prohibition of ex post facto laws and the inviolability of contract -- differ from the First Amendment freedom of religion and speech arguments likely to be used in the bishops' brief, however, the parallel in the implication of the cases is forceful.

The Obama Administration demands that Catholic institutions bend to the will of the state and violate their consciences by either (1) paying for what they find morally impermissible or (2) abandon corporal works of mercy such as hospitals. As they can do neither 1 nor 2 and remain Catholic, Obama is, in essence, attacking the very existence of the Catholic Church in America. It is much as when the legislature of New Hampshire acted to dissolve Dartmouth College and reconstitute it along lines more conformable to the state's notions for the organization of a college.

Honest liberals of all religions or no religion who cherish their liberties should be as concerned as Catholics now are over the Obama Administration's threat to religious liberty. As I wrote here two weeks ago, if Obama can do this, then any President, liberal or conservative can force anyone to do anything he wants. To paraphrase Webster, other institutions (perhaps some dear to liberals now applauding the Administration's health care ruling) may to-day be stronger and have more friends than the Catholic Church, to-morrow they may have more enemies. To-day it is the bishops' ox. If this state over-reach into the private realm is successful, who knows whose ox will be next.

Obama to Catholics, "To Hell with You"

POST-GAZETTE - Res Publica
Obama to Catholics, "To Hell with You"
by David Trumbull
February 10, 2012

The harsh words that head this column paraphrase the words of the Bishop of Pittsburgh, David Zubik. The subject was the determination of the Obama Administration to force Catholic hospitals to pay for abortions, something that they cannot do and remain Catholic.

Bishop Zubik wrote: "It comes like a slap in the face. The Obama administration has just told the Catholics of the United States, 'To Hell with you!'"

Bishop Slattery of Tulsa wrote: "As your bishop, I want to make it clear that I consider this mandate unconstitutional, unjust and evil.

"Because this mandate is unconstitutional, we will refuse to comply with it.

"This mandate is evil, because not only does it require that all Catholics cooperate in sin by providing for and paying for coverage for gravely immoral actions which have as their final end the destruction of human life, but also by requiring that Catholics who do not cooperate in this should be punished. Were we to comply with this law, we would offend God and imperil our souls. We will not comply.

"This mandate is unjust because it imposes a secular definition of religious freedom that makes it a crime to practice our faith in the public square... In this matter, President Obama’s administration has overstepped its authority. This is what Pope Leo XIII cautioned against when he wrote over a hundred years ago: 'if the will of rulers is opposed to the will and the laws of God, then those rulers exceed the bounds of their own power and pervert justice. Nor can their authority be valid, since authority without justice is null.' From the founding of our nation, we Catholic have always obeyed the laws. But this law, we cannot obey."

Writing in the Wall Street Journal, Timothy Dolan, Archbishop of New York and President of the U.S. Conference of Catholic Bishops said:

"The Catholic Church defends religious liberty, including freedom of conscience, for everyone. The Amish do not carry health insurance. The government respects their principles. Christian Scientists want to heal by prayer alone, and the new health-care reform law respects that. Quakers and others object to killing even in wartime, and the government respects that principle for conscientious objectors. By its decision, the Obama administration has failed to show the same respect for the consciences of Catholics and others who object to treating pregnancy as a disease."

* * *

I don't know what motivated Obama to pick a fight with the Catholic Church. Perhaps he believes it will please his liberal base which is disappointed in his failure to keep his campaign promises. Whatever the reason, he has made it clear he wants a fight with the Church. Well, then, BRING IT ON!

A Letter from Cardinal Sean Regarding Obama Administration Ruling

My Dear Brothers and Sisters in Christ,

Allow me this opportunity to share with you important information concerning an alarming and serious matter that negatively impacts the Church in the United States directly, and that strikes at the fundamental right to religious liberty for all citizens of any faith. The federal government, which claims to be by, and for the people,” has just dealt a heavy blow to almost a quarter of those people — the Catholic population — and to the millions more who are served by the Catholic faithful.

The U.S. Department of Health and Human Services (HHS) announced last week that almost all employers, including Catholic employers, will be forced to offer their employees health coverage that includes sterilization, abortion-inducing drugs, and contraception. Almost all health insurers will be forced to include those “services” in the health policies they write. And almost all individuals will be forced to buy that coverage as a part of their policies. The Church has had to struggle against regulations like those now proposed by HHS in several states. This HHS ruling would expand and intensify a situation which is already very harmful.

In its ruling, the Administration has cast aside the First Amendment to the Constitution of the United States, denying to Catholics our Nation’s first and most fundamental freedom, that of religious liberty. And as a result, unless the rule is overturned, we Catholics will be compelled and must be prepared either to violate our consciences, or to drop health coverage for our employees (and suffer the penalties for doing so). The administration’s sole concession was to give our institutions one year to comply.

We cannot simply accept this unjust law now proposed at the federal level. People of faith cannot be made second class citizens. We are already joined by our brothers and sisters of all faiths and many others of good will in this important effort to regain our religious freedom. Our parents and grandparents did not come to these shores to help build America’s cities and towns, its infrastructure and institutions, its enterprise and culture, only to have their posterity stripped of their God given rights. In generations past, the Church has always been able to count on the faithful to stand up and protect her sacred rights and duties. I trust she can count on this generation of Catholics to do the same. Our children and grandchildren deserve nothing less.

In order that we make every effort to respond to this proposed restriction on religious liberty I would ask of you two things. First, as a community of faith we must commit ourselves to prayer and fasting that wisdom and justice may prevail, and religious liberty may be restored. Without God, we can do nothing; with God, nothing is impossible. Second, I recommend that you visit the United States Conference of Catholic Bishops website, www.usccb.org/conscience, to learn more about this assault on religious liberty, and how to contact Congress in support of legislation that would reverse the Administration’s decision.

With the assurance of my prayers for you and all your loved ones, I am,

Sincerely yours in Christ,

Cardinal Seán O’Malley , OFM Cap.
Archbishop of Boston