‘Fortnight’ activities highlight healthcare law’s attack on religious freedom

By JIM BROOKS
Nelson County Gazette

FRANK MANION

Friday, June 22, 2012, 1:30 a.m. — Members of the Catholic faith gathered Thursday night at churches and parish centers across the country for activities to kickoff “Fortnight for Freedom,” a two-week period of prayer, observance and activism in support of religious freedom.

The two-week period began Thursday, the eve of the feast days of St. John Fisher and St. Thomas More — two martyrs who remained faithful in the face of religious persecution. The Fortnight ends July 4th.

At St. Rose Church near Springfield Thursday night, more than 80 people gathered at the church parish center for a Fortnight presentation on religious freedom by Bardstown attorney Frank Manion. Manion is senior counsel for the American Center for Law and Justice and specializes in First Amendment law.

The Fortnight for Freedom coincides with an expected ruling by the U.S. Supreme Court on the constitutionality of the Patient Protection and Affordable Care Act — known by critics as “ObamaCare.” The threat to religious freedom isn’t the actual health care law, but some of its regulations known as the “HHS mandate.”

The Rev. Ben Brown offers comment during attorney Frank Manion’s talk as part of the “Fortnight for Freedom” activities at St. Rose Church near Springfield Thursday night. Click to enlarge.

The HHS mandate requires employers with 50 or more employees to provide access to health insurance that covers most forms of birth control, including those that result in the death of the unborn child – a violation of Catholic teaching. The mandate exempts churches, but does not exempt religious employers like Catholic hospitals, schools and charities.

“If eternal vigilance is indeed the price of liberty, then we better ratchet up our vigilance,” Manion told the crowd.

The mandate offers exemptions so narrow that critics say even Jesus and His Apostles would be ineligible to qualify. To qualify for an exemption, an employer would need to meet all four of the following conditions:

The employer:

(1) has the inculcation of religious values as its purpose.

The first condition immediately excludes religious charities, food banks, hospitals and other organizations because their mission is not to teach religion but to put religion into practice by serving others, he said.

The Rev. Kevin McGrath opens the “Fortnight for Freedom” with a prayer Thursday night at the St. Rose Church parish center. Click to enlarge.

(2) primarily employs persons who share its religious tenets.

This condition is interpreted in a denominationally strict sense, Manion said, meaning that a Catholic employer would be required to hire only Catholic employees to meet this condition.

(3) primarily serves persons who share its religious tenets.

Manion called this condition “the most insulting of all” because Catholic institutions routinely serve others without regard to their religion. Few — if any — Catholic employers could meet this condition.

(4) is a nonprofit organization” under specific sections of the Internal Revenue Code.

This condition would limit the exemption to a church, monastery or religious order that had no outside activities or missions.

Lobbying efforts to change the regulations have not been successful. No previous federal laws have so brazenly ignored protections for religious conscience, he said.

Frank Manion, senior counsel for the American Center for Law and Justice, discusses the options Catholic institutions may have if the HHS mandate stands. He called on Catholics to educate themselves and others on this issue. Click to enlarge.

Litigation has been filed in federal courts to challenge the mandate, with others court cases await the Supreme Court’s ruling on the health care act. But litigation isn’t the best answer because of the lengthy amount of time it can take, Manion said.

Court-watchers don’t expect the high court strike down the complete health care law, but to focus on the constitutionality of the individual mandate. This type of ruling won’t affect the HHS mandate and its impact on the free exercise of religion.

“The Supreme Court decision won’t solve this problem unless they strike down the entire law,” Manion said. He called the HHS mandate a “shot across the bow,” challenging our country’s longstanding tradition of respect for religious freedom.

“This is not a conservative or liberal issue. This is not a Democrat or Republican issue,” Manion said. “Its a freedom issue.”

He called the mandate a manifestation of radical secularism that considered religion and its adherents as a nuisance. “If we lose this fight, we lose what makes us uniquely American.”

Manion called on Catholics to pray, teach, educate themselves and others about the issue. “Make sure neither political party takes our Catholic convictions for granted.”

To conclude its Fortnight for Freedom activities, St. Rose will hold a holy hour and Mass on the last day of the Fortnight, July 4.

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