iPhone app iPad app Android phone app Android tablet app More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Frank G. Kirkpatrick

GET UPDATES FROM Frank G. Kirkpatrick
 

The Irony of the Bishops' Opposition to Providing Contraceptive Services

Posted: 06/01/2012 5:04 pm

Is it possible that the U.S. Roman Catholic bishops will one day be credited with having significantly advanced, albeit unintentionally, the argument for a single-payer health care system in the United States? In their opposition to having to make contraceptive services available to their employees through institutionally provided health care, they have contributed an important argument as to why groups or corporations and other agencies ought not to be in the business of providing health care to their employees.

If a single-payer system were inaugurated, Roman Catholic institutions (e.g., churches, church owned and run hospitals, schools, etc.) would no longer be put in the position of directly providing something that they find morally objectionable such as contraceptive and other family planning services, including access to abortion. Instead, through a tax-based system of "neutral laws of general applicability," such as Medicare, Medicaid and Social Security, health care would be provided through a single payer (i.e., government) mechanism even though the services would be delivered by a mix of private and public persons and agencies. According to a New York Times editorial on May 27, "The Politics of Religion," "the First Amendment ... does not exempt religious entities or individuals claiming a sincere religious objection from neutral laws of general applicability, a category the new contraception rule plainly fits." The editorial goes on to note that in 1990, "Justice Scalia reminded us that making 'the professed doctrines of religious belief superior to the law of the land' would mean allowing 'every citizen to become a law unto himself.' In 1993, Congress required government actions that 'substantially burden a person's exercise of religion' to advance a compelling interest by the least restrictive means. The new contraceptive policy does that by promoting women's health and autonomy."

Catholicism has often carried the banner for laws seeking to advance the common good, sometimes in tension with more individualistic and libertarian inflected laws that focus on advancing primarily the good of individuals, often at the expense of the collective as a whole. By embracing a single-payer health care delivery system that would provide health care to everyone in the society, the Catholic hierarchy could make a strong statement showing a "preferential option for the poor" (from their own Economic Justice for All pastoral letter of 1986). Of course, as a religious institution they would be completely free to warn their members not to take advantage of the contraceptive or abortive services available through a national health care system. But they as institutions would not be directly complicit in providing those services. Catholics as individuals pay taxes and those taxes presently help to pay for the services available through Medicare and Medicaid which sometimes include contraceptives for those choosing them. Taxes also help to pay for military weapons, the use of some of which (e.g., nuclear weapons) the Catholic Church has been deeply skeptical of (see the National Conference of Catholic Bishops' 1983 pastoral letter, "The Challenge of Peace"). But the Catholic Church has not tried to claim that its members should be exempt from paying taxes to the government even though some of that tax money goes in part to the provision of medical services and nuclear weapons it finds morally objectionable. This is where the notion of "neutral principles of law" is important. If a society, in its collective political wisdom, finds it beneficial for the common weal to provide certain public services, it does so through a public tax system from which individuals do not have a legal right to exempt themselves on grounds of conscience. A pacifist cannot legally choose to withhold her taxes because a portion of them go to the budget of the military.

If a service is publicly provided and funded the rights of conscience against that service revert to individuals or groups speaking on their behalf to exhort themselves and their members not to take advantage of that service but they don't have a right to unilaterally choose to defund that service by withholding their taxes. Abortion services are legally available in the United States and some tax monies provide indirect support for those services. This fact has led those who are sincerely and in conscience opposed to abortion to demand that the faithful never use them and even to protest legally and peacefully at those locations where the services are being provided. This right to protest against a law they regard as morally unjustified is the way to protect freedom of conscience. Conscientious objectors to current laws also retain the right, within the political process, to try to overthrow objectionable laws.

The Catholic Church is right to protest that its institutions ought not to have to provide contraceptive services themselves through their insurance policies which they give to their employees. But a neutral principles of law position would require them (as individuals, not as Churches) to pay taxes that support a publicly provided service such as health care which is regarded as in the national interest and welfare of the citizens. And this can be most efficiently, fairly, and simply done through a single-payer system. So Catholic leaders should be promoting a single-payer system since it would not only advance the common good but also relieve them of the burden of having their consciences bruised by having to provide contraceptive services to their employees. President Obama should be making this argument himself and it is disappointing to hear such silence from church leaders and the president on an issue that is essentially one of morality and fairness.

 
 
 
FOLLOW RELIGION
 
 
  • Comments
  • 27
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
This user has chosen to opt out of the Badges program
photo
08:10 PM on 06/03/2012
We'll see vouchers to protect schools and hospitals and social service agencies from one-size fits all secularism.
10:32 AM on 06/03/2012
There is nothing about single payer that conflicts with Catholic social views. Those views arise out of a tradition that long predates modern ideas of economic and political liberty, and have always been in some tension with capitalism. Why would it be surprising for the Church to support single payer?
08:17 AM on 06/03/2012
The Catholic bishops would be strongly in favor of single-payer if it were not for the link with abortion and birth control.
12:32 AM on 06/04/2012
Well, the catholic bishops are not in control of this country. They are not in control of the insurance industry. They are not even in control of their own female congregants. I don't understand why any health care decision should be 'approved' by the bishops, especially womens' health care. When the bishops grow wombs, I'll grow more sympathetic.
HUFFPOST SUPER USER
Jeff Rosenbury
I love all people -- in the abstract
06:23 AM on 06/03/2012
I agree the Catholic position pushes for single payer. But what makes you think this is unintentional?

Catholic bishops are far less conservative than you paint them.
10:35 AM on 06/03/2012
Indeed, it makes little sense to paint their views as "conservative" in any political sense in which the word is used today. They are congenial to an "old" conservatism, monarchy, state church (as long as the state church is the RCC), hierarchy, nanny state, etc.

On most social and economic issues, you could consider the Church "progressive" were it not for the fact that the Church's views are the result of centuries of teaching and thinking, most of which pre-dates modern economic and political mental furniture.
01:47 PM on 06/02/2012
Indeed the Catholic Church should be supporting a single payer health care system, standing up for the "health care is a human right" concept. But the American Church and its corporate minions are making a bundle off supposedly nonprofit health care entities--hospitals, clinics and managed care organizations (AmeriHealth Mercy, Catholic Health Initiatives, among others).

As collection plate revenues have declined, the Church fathers have turned to health care to fill their coffers. High executive salaries and attention to the "margin" take precedence over fair treatment of employees (often women religious) and the concern for patient care.

A truly compassionate Church would support a single payer plan that would cover all necessary care for everyone in our country. One is shocked to see that a US family is expected to pay a child's cancer costs via mayonnaise jar collections or a parish bake sale.

Sensible clergy should also realize that partisan political messages during the current debate re coverage for birth control could harm the Church's tax-free status.
photo
HUFFPOST SUPER USER
MeinNH
Ooooo Silly Me
09:43 AM on 06/03/2012
Everything you said is true....F&F
photo
HUFFPOST SUPER USER
raker
09:21 AM on 06/02/2012
Another irony is that the church is upset because, while they forbid birth control, they'll be required to cover it anyway. But since it's forbidden, Catholics' demand for it should be almost nil, right? After all, the health care law doesn't require the use of birth control, it only requires that insurance cover it. But since Catholics shun birth control, then that aspect of the health care law won't affect them, no? No. It's a safe bet that the demand for birth control at Catholic institutions will be as high as it is anywhere else, which tells us that Catholic prohibition of birth control isn't as compelling as they pretend it is. The church's outrage at having to cover birth control is made laughable by the fact that most Catholics use it as much as anybody else.
HUFFPOST SUPER USER
Robert Frano
‘Plausible Deniability’: NOT A FAMILY_VALUE!!
12:50 PM on 06/02/2012
Re: "...But since Catholics shun birth control, then that aspect of the health care law won't affect them, no?" {raker}

I can hardly wait for Wee.Timmy.Dolan to decree that any catholic who has used birth control in the past 30 days is forbidden from attending mass, receiving 'human-consumes-deity-human-hybrid' ceremony, etc.
...Just watch the mass attendance statistics plummet after that!!!

BTW:
What about banning those who practice 'Armegeddon.2.0', on every duty shift?
I'm speaking of the hundreds-of-thousands of prolife-Catholics, whose career-choices require they design, maintain, prepare &/or, practice actuating mass.abortificient.systems like… Trident -
Kursk - Vanguard-class SSBN's, B-52's, etc!

Come to think of it...
Could attendance, thithe & vocational statistics, already swirling ‘round, ‘N, round the ceramic filing cabinet (specifically equipped with that silver-jiggle-actuator), be all that different, (‘evaporative’), then what we're currently witnessing?
photo
HUFFPOST SUPER USER
raker
01:13 PM on 06/02/2012
John Kerry and the Kennedys are denied communion and banned from Catholic college campuses because they support keeping abortion legal, but the church isn't so bossy with supporters of capital punishment of people or turn their backs on the poor or use birth control. I like your idea. Let the Vatican purify the church by banishing every man and woman who has ever used birth control. It will be easier to get good seats at mass, no doubt. And with donations down, they may be able to raise money the Republican way: sell out to corporations, to be run parishes as for-profit churches! Replace that crucifix on the wall with a Pepsi logo, and let us pray.
been2there
Facts have a liberal bias.
10:48 PM on 06/01/2012
But birth control benefits women! The Vatican considers women to be as disposable and interchangable as facial tissue!
Yes, I know the deny it. I was raised Catholic, and I know which walk gets walked--it is not the walk they talk.
11:56 AM on 06/02/2012
It actually is the talk we talk and I hope you find the truth again one day.
been2there
Facts have a liberal bias.
01:44 AM on 06/03/2012
I have found the truth. I grew up Catholic. I know very well whereof I speak.
05:47 AM on 06/03/2012
You weren't taught authentic Catholic teaching then, otherwise the little mustard seed would have grown in abundance. Gospels talk of people like you. I hope you find it again.
01:52 PM on 06/02/2012
You are so right!
SelfAwarePatterns
seek truth; question everything
10:11 PM on 06/01/2012
A single payer system is what this country needs. The UK, Canada, and many other countries have it and, despite its lack of perfection, most of the citizens in these countries wouldn't dream of exchanging it for our current non-system. I'm sure Obama and company would have pushed for a single payer system if they thought it was politically feasible. Unfortunately, it wasn't, and now we have to deal with complexities and compromises of a system that, while an improvement over where we were, still leaves much to be desired.