May
21, 2012
A Message from Father John Jenkins, C.S.C.,
President, University of Notre Dame
Today the University of Notre Dame
filed a lawsuit in U.S. District Court for the Northern District of Indiana
regarding a recent mandate from the U.S. Department of Health and Human
Services (HHS). That mandate requires Notre Dame and similar religious
organizations to provide in their insurance plans abortion-inducing drugs,
contraceptives and sterilization procedures, which are contrary to Catholic
teaching. The decision to file this lawsuit came after much deliberation,
discussion and efforts to find a solution acceptable to the various parties.
Let me say very clearly what this
lawsuit is not about: it is not about preventing women from having
access to contraception, nor even about preventing the Government from
providing such services. Many of our faculty, staff and students -- both
Catholic and non-Catholic -- have made conscientious decisions to use
contraceptives. As we assert the right to follow our conscience, we
respect their right to follow theirs. And we believe that, if the
Government wishes to provide such services, means are available that do not
compel religious organizations to serve as its agents. We do not seek to
impose our religious beliefs on others; we simply ask that the Government not
impose its values on the University when those values conflict with our
religious teachings. We have engaged in conversations to find a resolution that
respects the consciences of all and we will continue to do so.
This filing is about the
freedom of a religious organization to live its mission, and its significance
goes well beyond any debate about contraceptives. For if we concede that
the Government can decide which religious organizations are sufficiently religious
to be awarded the freedom to follow the principles that define their mission,
then we have begun to walk down a path that ultimately leads to the undermining
of those institutions. For if one Presidential Administration can
override our religious purpose and use religious organizations to advance
policies that undercut our values, then surely another Administration will do
the same for another very different set of policies, each time invoking some
concept of popular will or the public good, with the result these religious
organizations become mere tools for the exercise of government power, morally
subservient to the state, and not free from its infringements. If that
happens, it will be the end of genuinely religious organizations in all but name.
The details of the process that led
to the mandate are publicly known. In an Interim Final Ruling issued
August 3, 2011, the federal government required employers to provide the
objectionable services. A narrow exemption was given to religious institutions
that serve and employ primarily members of their own faith, but, departing from
a long tradition in federal law, organizations like Notre Dame—schools,
universities, hospitals and charitable organizations that serve and employ
people of all faiths and none—were granted no exemption, but instead were made
subject to the law to the same extent as any secular organization. On
September 28, I submitted a formal comment encouraging the Administration to
follow precedent and adopt a broader exemption.
Despite some positive indications,
the Administration announced on January 20, 2012, that its interim rule would
be adopted as final without change. After an outcry from across the
political spectrum, President Obama announced on February 10 that his Administration
would attempt to accommodate the concerns of religious organizations. We
were encouraged by this announcement and have engaged in conversations with
Administration officials to find an acceptable resolution. Although I do
not question the good intentions and sincerity of all involved in these
discussions, progress has not been encouraging and an announcement seeking
comments on how to structure any accommodation (HHS Advanced Notification of
Proposed Rule Making on preventative services policy, March 16, 2012) provides
little in the way of a specific, substantive proposal or a definite timeline
for resolution. Moreover, the process laid out in this announcement
will last months, making it impossible for us to plan for and implement any changes
to our health plans by the government-mandated deadlines. We will continue in
earnest our discussions with Administration officials in an effort to find a
resolution, but, after much deliberation, we have concluded that we have no
option but to appeal to the courts regarding the fundamental issue of religious
freedom.
It is for these reasons that we
have filed this lawsuit neither lightly nor gladly, but with sober
determination.
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The lawsuit is available online at http://opac.nd.edu/public-information/hhs-complaint
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