Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Wednesday, December 21, 2011

The Scope of a Contraception-Mandate Exemption

Although I haven't looked at Fr. Jenkins' letter on the contraception mandate, Rick's description and defense of Fr. Jenkins's overall interventions on the matter seem convincing. The "not just for Catholics" religious-freedom principles he espouses are reflected in good language in a letter to HHS (see this story) from a group of left-leaning Catholics who have supported most aspects of healthcare reform but protest the narrowness of HHS's religious exemption. The letter's proposed language would cover a “nonprofit religious, educational or charitable organization” with objections to contraception/Plan-B if it has “bona fide religious purposes or reasons” and “holds itself out to the public as a religious organization.” This would clearly cover religious organizations without ties to a denomination or organized church, thus protecting evangelical and traditionalist Jewish organizations. (Disclosure: I worked on the draft letter, although I was not among the signatories since the group was of Catholics.)

While we're at it, here's Commonweal's new editorial call for a broader exemption.

https://mirrorofjustice.blogs.com/mirrorofjustice/2011/12/the-scope-of-a-contraception-mandate-exemption.html

Berg, Thomas | Permalink

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The Bishops should rally the presidents of every Catholic High School, College, University, Hospital...and create a joint, signed statement that makes it clear to this administration that under no circumstance will they accept the use of coercion to mandate any action that is a clear violation of our inherent Right to practice our Faith in public and private, and invite all those of Good Will who recognize the mandatum to be a violation of our Religious Liberty, to join us.