From his blog today:
The President invited us to “work out the wrinkles,” and we have been taking him seriously. Unfortunately, this seems to be going nowhere: the White House Press Secretary, for instance, informed the nation that the mandates are a fait accompli (and, embarrassingly for him, commented that we bishops have always opposed Health Care anyway, a charge that is simply scurrilous and insulting). The White House already notified Congress that the dreaded mandates are now published in the Federal Registry “without change.” The Secretary of HHS is widely quoted as saying, “Religious insurance companies don’t really design the plans they sell based on their own religious tenets,” which doesn’t bode well for a truly acceptable “accommodation.” And a recent meeting between staff of the bishops’ conference and the White House staff ended with the President’s people informing us that the broader concerns of religious freedom — that is, revisiting the straight-jacketing mandates, or broadening the maligned exemption—are all off the table. Instead, they advised the bishops’ conference that we should listen to the “enlightened” voices of accommodation, such as the recent hardly-surprising but terribly unfortunate editorial in America. The White House seems to think we bishops are hopelessly out of touch with our people, and with those whom the White House now has nominated as official Catholic teachers.
So, I don’t know if we’ll get anywhere with the executive branch.
Congress offers more hope, with thoughtful elected officials proposing promising legislation to protect what should be so obvious: religious freedom. As is clear from the current debate in the senate, our opponents are marketing this as a “woman’s health issue.” Of course, it cannot be reduced to that. It’s about religious freedom. (By the way, the Church hardly needs to be lectured about health care for women. Thanks mostly to our Sisters, the Church is the largest private provider of health care for women and their babies in the country. Here in New York State, Fidelis, the Medicare/Medicaid insurance provider, owned by the Church, consistently receives top ratings for its quality of service to women and children.)
And the courts offer the most light. In the recent Hosanna-Tabor ruling, the Supreme Court unanimously and enthusiastically defended the right of a Church to define its own ministry and services, a dramatic rebuff to the administration, but one apparently unheeded by the White House. Thus, our bishops’ conference and many individual religious entities are working with some top-notch law firms who have told us they feel so strongly about this that they will represent us pro-bono.
So, we have to be realistic and prepare for tough times. Some, like America magazine, want us to cave-in and stop fighting, saying this is simply a policy issue; some want us to close everything down rather than comply (In an excellent article, Cardinal Francis George wrote that the administration apparently wants us to “give up for Lent” our schools, hospitals, and charitable ministries); some want us to engage in civil disobedience and be fined; some worry that we’ll have to face a decision between two ethically repugnant choices: subsidizing immoral services or no longer offering insurance coverage, a road none of us wants to travel.