Crunchy Con

Obama's threat to Catholic hospitals

Tuesday November 25, 2008

Slate's Melinda Henneberger, after clearing her throat over what she considers the US Catholic bishops' overheated rhetoric regarding the Obama presidency and abortion, points out that if Obama makes good on his campaign promise to sign the Freedom of Choice...
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Comments
EricW
November 25, 2008 9:26 AM

But good Catholics like Nancy Pelosi and Joe Biden and Ted Kennedy, who are well-informed about their Church's position on abortion, would never, ever, ever allow this to happen. They would NEVER allow Catholic hospitals to be forced to perform abortions. No good Catholic would ever, EVER allow such a thing to happen.

Never.

Ever.

Not ever.

No way.

Badger
November 25, 2008 9:55 AM

I would have to look further, but I'm pretty sure Joe Biden opposed and does oppose FOCA. He has opposed other abortion measures in the past. And yes, the hospitals would be closed and not sold.

Steve K.
November 25, 2008 9:55 AM

I wonder if we'll so soon see Obama's mettle. There is no doubt about it, his promises to PP is going to place him in a pickle - he either breaks a campaign promise to a key constituency, or he picks a fight with the Church with a third of American hospitals at risk. He could seize the hospitals I suppose, but he'd need to fire up the printing presses yet again because the government is already broke. Or he'll put the fight off for another day.

He'll probably wait until his hand is a little stronger. But who knows? The pessimist in me says he'll pick the fight, and then accuse the Church of "imposing their sectarian beliefs on the public square" and then proceed to persecute the Church (and he will find ready fifth columnists within the Church to help). It thrills me though to see the bishops FINALLY taking a bold stand against the culture of death.

Jim
November 25, 2008 10:04 AM

OK, but understand that this is a problem for Catholic hospitals ONLY because they want to continue to draw Federal funds. They have the option of doing without, but they choose not to do so. One can only assume that they think they cannot make it financially without Federal funds.

For the time being, abortion cannot be outlawed because such prohibitions are seen as violative of the US Constitution. We as Catholics don't agree with that, but does that entitle Catholic hospitals to Federal funds as a matter of right? I think not.

This fall the Catholic Church sent ambiguous signals about its position on voting, because it feared loss of its tax exemption. When a church accept favors (exemptions, cash subsidies, etc.) from the government, it yields a bit of its integrity in the process.

Standing up to a perceived evil means really standing up................not just issuing alarmist press releases.

Don Altabello
November 25, 2008 10:10 AM

"He could seize the hospitals I suppose, but he'd need to fire up the printing presses yet again because the government is already broke. Or he'll put the fight off for another day."

Or we could burn them to the ground before he does.

"OK, but understand that this is a problem for Catholic hospitals ONLY because they want to continue to draw Federal funds. They have the option of doing without, but they choose not to do so. One can only assume that they think they cannot make it financially without Federal funds."

Federal funding is an essential part of the operation of a hospital--that's how the system works in our country and economy.

Robert
November 25, 2008 10:17 AM

Rod, you have a very peculiar faith. You believe, I suppose, Christ endowed the Church with all power in heaven and earth, but if some law pulls federal funding, a law that will never be passed in its proposed form, in my opinion, its hospitals will close its doors. Or maybe you are expecting only all the Orthodox hospitals to stay open?

trotsky
November 25, 2008 10:23 AM

I live in town with two competing hospitals -- one of which doesn't even have an OB ward because it wasn't profitable enough and which also recently dumped outpatient chemotherapy.

In other words, hospitals pick and choose the procedures they offer every day. Call me naive, but how does this law force hospitals to perform this one procedure?

And even if that were Barbara Boxer's goal -- and I wouldn't put it past her -- why would anyone think it would be the goal of 60 senators and 218 representatives?


Daniel
November 25, 2008 10:36 AM

There will be an exemption for religious hospitals. FOCA, if enacted, won't be as sweeping as the original bills. There's going to be amendments.

Imagine if the Bishops spent as much time worrying about poverty in the U.S. as they did their alliance with the well-funded Pro-life political community.

thomas tucker
November 25, 2008 10:40 AM

THe Federal funds in question are not handouts- they are Medicare payments for services rendered. Without being able to treat Medicare patients, the hospitals would not have enough revenue to stay in business.

Your Name
November 25, 2008 10:43 AM

There is a Catholic hospital within 5 miles of my home. I do not know all the bylaws of said hospital, but my understanding is that their beliefs can, depending of the circumstances, undermine my care. Is it selfish, yes, however if I am paying to go to a hospital to see a medical professional I want all the help I can get. I do not want someone to think about what God would want. Their job is to cure me and I would like to be cured.

My family all know that if I am ill I would rather go to one any local hospital other than that one. Medicine is about science, not religion. I'm lucky in that there are 5 hospitals in a 10 mile radius of my home.

I do know that if this law gets passed, my local Catholic hospital will probably close as it barely keeps its doors open now.

Chela429
November 25, 2008 10:51 AM

Your Name
November 25, 2008 10:43 AM

Hunk Hondo
November 25, 2008 10:51 AM

I hope this won't happen. But whether it does or not--and no matter how bad things get along these lines--I'll be damned if I can see how people like Melinda and Prof. Kmiec have any business complaining about it.

SteveM
November 25, 2008 10:54 AM

I'm not a constitutional lawyer, but the current Supreme Court may find big problems with FOCA because it's a real reach to attach interstate commerce or other claim of federal jurisdiction when limited abortion restrictions have already been allocated to the States by previous rulings.

Hopefully, the 10th amendment will be resuscitated if FOCA is passed by Congress and signed by Obama.

BTW, if Obama does sign FOCA, it will be the biggest thumb in the eye of every American who has problems with late term abortions and the illegality of parental consent for an adolescent daughter obtaining an abortion, but not a tattoo.

Even an enthusiastic agent of death like Obama knows enough not to commit political suicide. He'll tell Congress to table the idea. (But you know where his heart lies.)

Your Name
November 25, 2008 11:08 AM

If this proposed new law REALLY does the things the Neocons who lied about the reasons for the Iraq War,love to torture, and love to "shock and awe" kill Iraqi children claim, then Why don't the Catholic Hospitals simply stop offering all OB/GYN services? Would that not solve the problem? Most of the money they make is not on young heathy people having a quick delivery and leaving for home. Hospitals are for the sick and elderly.
Personally, I am against abortion, used massively as birth control. However, I am not going to tell a woman raped by her cousin, date raped, with a fetus that is deformed, or (she) likely to die in delivery, how to make her own decisions. That is between her and God. God gave us free will for a reason.
54% of Catholics voted for Obama, a direct repudiation of the hierarchy who are still atoning for their straight pedophile priests and statiscally-smaller number of gay priests that happen also to be pedophiles. By the way, to most pedophiles, sexual preference is not the issue, they molest children for the same reasons rapists take their victims-violence, power, control--were probably molested as children. Until the Church starts again providing educated, well-reasoned answers, speaks with love, and quits blaming gay people for all of its own sins of omission(failure to deal honestly with human sexuality and pedophiles), no one will listen. I love the church(with a small and not capital C) and I live for the gift of the Eucharist. Much of the clergy, however, is rightfully being ignored by the faithful. They behave as did the pharisees. I wonder if they would even recognize Christ in their midst, if he walked into their village or church. If he disagreed with them, they would turn him away and say "CRUCIFY HIM."

Charles Cosimano
November 25, 2008 11:13 AM

Well, it does not look like FOCA may pass anyway, but if it did, I would think that it would only take Congress about a half-day to pass legislation requiring the hospitals to stay open and another couple days to make clergy abuse cases federal matters with no statute of limitations. And probably a clause put in making hiding abusing clergy a federal offense with significant prison time and again, no statute of limitations.

There's more than one way to skin a bishop.

Steve K.
November 25, 2008 11:23 AM

And they've all been tried before, Cosimano, and much worse than that. The Church is still here, same can't be said of so many of the bishop skinners.

Rick
November 25, 2008 11:36 AM

I can't see Catholic hospitals being forced to provide surgical abortions. That's just inconceivable.

However: I can well imagine federal law requiring all hospitals to provide or make available the morning-after pill to rape victims — without first having recourse to an ovulation test.

Connecticut recently passed such a law. I can imagine FOCA enshrining this legislation nationally.

By the way: The Connecticut bishops strongly opposed the CT law that banned ovulation tests before providing the morning after pill to rape victims. But the bishops decided to comply with the law once it was passed.

Michele
November 25, 2008 11:39 AM

A listener to a radio show called yesterday, concerned that her priest was supporting Obama. "How can you support him", she asked, "when he is so strongly pro-abortion?" They left that church. At the next catholic church, she heard a priest give an "Obama homily". She was mortified. Surely this was repeated all over the country, which explains why catholics who trusted their priests voted in the majority for Obama. Clearly there is a lot of deception (that's the enemy's M.O., after all) in the church about abortion---"it's not human" "it's only a choice" "it's just a 'product of pregnancy' or a 'blob of tissue'. Let me accuse those who usually like to accuse christians of being 'anti-science' the same thing to them. After all, if this were not a human being, why get an abortion? People get abortions so that a human will not come out of the womb, yes? Wake up, church. God hates abortion. I recommend abort73.com for great informative website.

Cyndi
November 25, 2008 11:40 AM
http://cyndik@blogspot.com

The only hospital in my large, urban hometown is Catholic, and is the largest, most stable employer we have (many of the industries have packed up and left town over the years).
I can't even *imagine* what this would do to a community already struggling with unemployment and poverty... but I fully respect the hospital's position regarding abortion, and would understand their refusal to be forced to perform a procedure they find morally abhorrent. Egads! What a world we live in..

SteveM
November 25, 2008 11:43 AM

Re: Your Name

The expansiveness of your illogic is breathtaking. Your thinking is about as dopey as it gets. FOCA has nothing to do with expanding the reasons for elective abortion. Women (girls too) already have access to abortions for any reason. FOCA restricts the rights of parents and conscientious objectors to abortions.

And Catholic hierarchy bashing as a supporting rationale for FOCA? Puhleeze...

P.S. Recommend anti-splenetic pills.

Goodguyex
November 25, 2008 11:52 AM

Obama has far too much on his plate to start overreaching like the Clintons did in 1992.

As far as "abuse" is concerned, if the president-elect really wants to do something about the abuse of minors and teens he would close the public schools by executive order.

fbc
November 25, 2008 11:53 AM

who are still atoning for their straight pedophile priests and statiscally-smaller number of gay priests that happen also to be pedophiles.

Uh, no. The independent John Jay College study revealed that over 80% of these "pedophile" incidents involved men with boys -- mostly boys over 14.

That's not a pedophilia problem, that's a gay problem.


MI
November 25, 2008 11:54 AM

ISTR a line in "The Road to Serfdom" suggesting that availability of government funding to private entities (in the form of welfare & other entitlements) would eventually lead to the dependence of such entities upon such funding. At which point, such dependence would become an avenue of government control over said entities, as the former made continued funding contingent upon certain (in)action by the latter.

All fans of (say) federally-funded health care might want to take note.

SteveM - Although FOCA may not be compatible with the ICC or 10A as originally understood, this is probably true of Medicare & Medicaid as well. Ditto, BTW, the recent federal partial-birth abortion ban.

Your Name
November 25, 2008 12:07 PM

My guess is that there is going to be so many problems facing Obama and the country at large that stuff like this will be ignored.

I, like Gerald Celente, suspet that we are in for tax revolts, food riots, squatter rebellions and job marches within 3 years out. I have a hunch Obama, other elites, and many in Congress and in DC in general already suspect this.

So these cultural war issues will be forgotten, and if laws are passed, they will be forgotten or ignored.

SteveM
November 25, 2008 12:11 PM

MI,

I agree with that. I've had a problem with government funding of non-profits for a long time. Catholic Community Services in Washington DC is effectively a government contractor. I was on the board of directors of one of the support organizations before CCS was created and it was absorbed. Every operational dollar came from a government contract. Donations were used for capital improvements. The Catholic Worker model of total separation may be a better one.

The question I always have about the Left is, "Why don't they do any of this stuff?" I keep waiting for the first atheist inspired soup kitchen or homeless shelter to appear. And where are all of the pro bono abortion doctors akin to the religous charities that provide free services?

Takes away too much time being sanctimonious over drinks at the faculty club I guess...

Goodguyex
November 25, 2008 12:13 PM

My guess is that there is going to be so many problems facing Obama and the country at large that stuff like this will be soon forgotten.

I, like Gerald Celente, suspect that we are in for tax revolts, food riots, squatter rebellions and job marches within 3 years out. I have a hunch Obama, other elites, and many in Congress and in DC in general already suspect this.

So these cultural war issues will be forgotten, and if laws are passed, they will be forgotten or ignored.

BTW: The Catholic Church has faced legal banishments in parts of the U.S. before. In some states it was illegal to have a Catholic Church until well into the 19th century. All this crap going on now is basically due to the fuss over "gay marriage" and abortion.

the stupid Chris
November 25, 2008 12:26 PM

In fact, Rod, it wouldn't require the closing of all Catholic hospitals. It would require the closing of maternity wards in all Catholic hospitals, but not other wards.

That's a great loss, to be sure, but this is overstating the case.

MJS
November 25, 2008 12:27 PM

Jim, federal regulations require every hospital to treat any emergency case that shows up at their doors. You may not turn someone with a genuine medical emergency away. Now, if the govt says Catholic hospitals have to treat those cases, does it make sense those hospitals would need federal funding in order to do so?

the stupid Chris
November 25, 2008 12:28 PM

The Catholic Worker model of total separation may be a better one.

The question I always have about the Left is, "Why don't they do any of this stuff?"

Last time I looked, the Catholic Worker was pretty far left....

the stupid Chris
November 25, 2008 12:35 PM

MJS

Do you mean to say that a Catholic Hospital would refuse necessary treatment in an emergency case, or do you mean to say that there are emergency abortions?

I'm really unclear on the concept here, but to my understanding the Catholic opposition to elective abortion is quite different from it's stand on the ethics of treating of a pregnant woman with multiple GSWs being wheeled into an ER.

Franklin Evans
November 25, 2008 12:40 PM

SteveM:

The question I always have about the Left is, "Why don't they do any of this stuff?" I keep waiting for the first atheist inspired soup kitchen or homeless shelter to appear.

Oh, oh. I know the answer to that! Pick me!

Sorry, it's been a long day at work already...

The answer is quite simple. You are asking why atheists don't have strong, wealthy organizations who raise millions of dollars in grants and donations. Alternatively, you are asking why atheists don't have a physical center for gathering and community activities. They just don't.

Perhaps a better question would be: how many atheists donate money, goods and time to soup kitchens and homeless shelters? Controlling for the other factors (like family income and such), if atheists donate significantly less than the general population, then you can ask your first question rhetorically and actually server your argument.

Personal and anecdotal: I know a couple of dozen atheists both personally and online who donate money, goods and time to a wide variety of charities. They do so happily, use terms like compassion and giving back, and the charities they give to are for the most part faith-based and almost exclusively Christian. I believe they would be offended by the implications of your question. Just a thought...

Jim
November 25, 2008 12:46 PM

MJS wrote: "Jim, federal regulations require every hospital to treat any emergency case that shows up at their doors. You may not turn someone with a genuine medical emergency away. Now, if the govt says Catholic hospitals have to treat those cases, does it make sense those hospitals would need federal funding in order to do so?"

True now.......but only because Catholic hospitals accept Federal funds now. If they become truly private institutions, they are not subject to this kind of Federal coercion. The truth is: the bishops and hospital administrators want their Federal hand-outs AND their opposition to the Federal govt. They don't have to take Federal money......and it is not an entitlement.

PatrickW
November 25, 2008 12:48 PM

We had a small version of this situation in Austin a few years ago. The city-owned Brackenridge Hospital nearly went bankrupt from bureaucratic mismanagement. The Catholic hospital system Seton was then hired to manage it, and agreed to do so at an very low cost because part of their mission is to provide care for the poor.

At some point - not sure about the exact sequence - it emerged that Seton was refusing to do sterilizations and abortions at Brackenridge. The city of Austin protested. Bishop Aymond basically told the city NO, we're won't, and if you don't like it then find someone else to run your hospital.

The city was unable to find anyone else to manage Brackenridge at anything approaching what Seton did. They finally worked out a compromise whereby an "women's health center" was established adjacent to the hospital to provide the services that Seton would not.

If FOCA passes, my guess is you would see something like this on a national scale. In my view it is still very close to material cooperation with sin and I hope the Bishops stand their ground.e

SteveM
November 25, 2008 1:07 PM

Re: Franklin Evans

"Controlling for the other factors (like family income and such), if atheists donate significantly less than the general population, then you can ask your first question rhetorically and actually server your argument."

Atheists do donate significantly less. In every dimension. Even donating blood. Sociologist Arthur C. Brooks conducted an expansive, unbiased study of the phenomenon and was actually surprised at the results. Even wrote a book about it:

http://www.amazon.com/gp/product/B000WCTRPA/ref=s9sims_c1_14_at1-rfc_p-frt_g1-3237_p_si1?pf_rd_m=ATVPDKIKX0DER&pf_rd_s=center-1&pf_rd_r=02TKHE9W2YPGJ26385VG&pf_rd_t=101&pf_rd_p=463383351&pf_rd_i=507846

I'm not saying that an atheist can't be compassionate. I'm just saying that with the unbounded compassion that percolates inside of the atheist members of the Left, I am surprised we don't more evidence of it beyond sanctimonious gas-bagging.

I dunno, is gas-bagging a charitable donation?

carly
November 25, 2008 1:33 PM

They could get around it by shutting down maternity and gyn services only. No reason to shut down the whole institution.

Franklin Evans
November 25, 2008 1:36 PM

Good answer, Steve. I also found an interesting observation from The Chronicle of Philanthropy, http://philanthropy.com/free/articles/v19/i04/04001101.htm

"Most of the difference in giving among conservatives and liberals gets back to religion. Religious liberals give nearly as much as religious conservatives, Mr. Brooks found. And secular conservatives are even less generous than secular liberals." -- Ben Gose, emphasis added.

So, my mistake was in taking the bait about atheists. The real disconnect in your criticism -- and I hasten to add that I'm not disputing the objective facts here -- was in linking "Left" with "atheists". I continue to believe that your question was poorly constructed.

Daniel
November 25, 2008 1:42 PM

i I continue to believe that your question was poorly constructed.

That's being generous.

SteveM
November 25, 2008 1:50 PM

Re: Franklin Evans. I narrowed my question to atheists on the Left because atheists on the Right are Darwinian. They don't pretend to be compassionate or altruistic. They are actually defined by their indifference.

The atheistic Left on the other hand expounds from the Olympian heights of moral superiority. All the while sipping their Champagne while the members of the church social concerns committees slap together sandwiches for the homeless.

Can I get you a refill?

Your Name
November 25, 2008 1:52 PM

fbc-you say: "That's not a pedophilia problem, that's a gay problem." That statement makes you an opinionated hippocritical Bigot.

Since when? The legacy of the Church's decision to discriminate and not allow Priests to be married(prior to the middle ages it was ok) and not allow women to be Priests has resulted in a largely homosexual priesthood majority....hmmm, whom do we blame for that? The same bigots who cause senators to bash gay people and tap their toes in public bathrooms. FACT: The same percentage of gay men (1-2%) as straight men (1-2%) are pedophiles. There are more str8's than gays in the world--do the math, that translates to millions more str8 pedophiles than gay ones, as a simple function of numbers (hope you had college statistics or sorry, I have lost you here.) Pedophiles are people who have sex with pre-adolescents, not 14 year olds(though I find adults doing that now immoral and illegal act gross also). One hundred years ago and before, 14 year olds were getting legally married in the Church(largely to older wealthy men). While I find anyone a reprehensible "chicken hawk looking for the younger stuff" who has sex with anyone more than 5 years younger than they are, lusty str8 men are always trading in 50 year old wives for an 18-28 year old, if they have the dough--Look at Donald Trump and his ilk. At age 16 or 17, people become legally consenting adults, unless forcible rape is involved. Once, I was standing in line with a friend's daughter who is 11, fully-developed breasts, and a guy in his late 20's tried to get her number...I said, you will have to ask her mom, she is only 11.....typical str8 letch, only looking at the breasts. Face it, most men are pigs until they are 40. That's why so many women are getting abortions, men will not stand up and take responsibility for their ejaculations.

Franklin Evans
November 25, 2008 2:02 PM

You're a funny guy, Steve.

You might want to step back from your righteous assertions, though, or at least ask before making assumptions. I'm liberal, 'tis true, but I'm in a different scapegoat group: pagans. It's not that I don't believe in deity, I just don't believe in your God. I also belong to a group that is across the board lower in income and personal assets, and quite as generous in giving to charity as anyone you could name. I don't have any statistics to offer on that, unfortunately, but I'm rather confident we fit well in the "religious liberal" category in Brooks' data.

SteveM
November 25, 2008 2:03 PM

Re: Your Name

Whatever the psycho-neurological equivalent of ventricular fibrillation is, you got it.

CherylM
November 25, 2008 2:08 PM

I love this combination:
"fbc-you say: "That's not a pedophilia problem, that's a gay problem." That statement makes you an opinionated hippocritical Bigot."

and

"While I find anyone a reprehensible "chicken hawk looking for the younger stuff" who has sex with anyone more than 5 years younger than they are,"

I guess I'm just reprehensible. My husband is 9 years younger than I am.

Dean
November 25, 2008 2:26 PM

Of course, though, the bishops have *already* sold all of their hospitals to health care corporations so it is a very hollow threat.

The bishops really have no practical ecclesial control over their hospitals any more than they have control over their "catholic" universities.

Turmarion
November 25, 2008 3:11 PM

I've scanned through the comments, so I may have missed it if someone else mentioned this, but if you check over at Pontifications, you'll note the link to the NCR story here in which Joe Feuerherd points out that the liklihood that the FOCA will get passed by Congress (which is necessary before Obama can sign it, people--remember "I'm Just a Bill"?) is about the same as the "0-10 Detroit Lions have of winning the next Super Bowl." I also agree with SteveM's take; as I have explained more than once in conversation myself, even if FOCA were signed into law, I strongly doubt it would pass constitutional muster after the inevitable appeal to the Supreme Court (even with two or three hypothetical Obama appointees).

So, while I think it's certainly appropriate for those of us who are pro-life to keep in touch with our elected officials and remind them where we stand, I think the liklihood of FOCA is small, and the apocalyptic talk about the destruction of the entire Catholic health-care system is wildly overblown rhetoric.

Marian Neudel
November 25, 2008 4:01 PM

I'm afraid, even from the strict Catholic point of view, the position that it is better to close Catholic hospitals than to sell them to other providers who would accept the obligation to perform abortions needs a lot of second thoughts. What would Aquinas say about closing a hospital, at the cost of perhaps hundreds of lives a year, to prevent a single abortion? Maybe that would turn out to be the morally preferable option, but surely it shouldn't be a snap judgment?

Marion (Mael Muire)
November 25, 2008 5:03 PM

Noting that Obama and other pro-aborts, in spite of their promises to do so, will be unable to enact FOCA and force the closure of Catholic hospitals, and then asking, "So what's the problem?" seems to me a great deal like watching Lorena Bobbit board the space shuttle as a passenger with an all-male crew. "I'll you-know-what the next man who looks cross-eyed at me," she announces to the cameras as they prepare for blast-off.

"As long as their in their suits, she won't be able to," the family members of the male astronauts reassure one another.

Gee, I don't know, whether someone is actually able to do the unthinkable, or not - the very fact that they BRAG that they will if given the chance is, for me, a slight problem.

me
November 25, 2008 5:08 PM

Catholic Hospitals don't rely on federal funds; their PATIENTS do! If their patients can't pay, en mass due to a withdrawal of federal funding, Catholic Hospitals wouldn't survive. But the issue isn't a religious organization taking federal funds. Big duuuuuuuuuuuuuh.

Public Defender
November 25, 2008 5:40 PM

Maybe some parts of the Freedom of Choice act are imprudent, but I'm getting a little tired of the if-we-have-to-follow-the-same-rules-everybody-else-does-we're-going-to-take-our-ball-and-go-home attitude. Part of being part of the world is following the rules.

public defender
November 25, 2008 5:48 PM

If a small-town prosecutor has an opening for an assistant prosecutor, should the elected prosecutor be allowed to decline to hire a Catholic who, for religious reasons, won't prosecute death penalty cases? Even if this is the only position and having this prosecutor on staff would essentially stop them from enforcing state law?

I would hope so. Anti-death penalty lawyers don't belong on prosecutors' capital teams. Anti-abortion doctors, pharmacists, and nurses don't belong on any unit treating potentially-pregnant or actually pregnant patients who need honest advice about their lawful medical options.

Marion (Mael Muire)
November 25, 2008 5:50 PM

Public Defender wrote: "Part of being part of the world is following the rules."

Yes! That's what the defendants at the Nueremburg war crimes trials tried to argue, but those stuffy Allied prosecutors insisted that invoked "conscience" and a "higher authority", and all that stuff. As if soldiers acting under orders shouldn't be able to say, "we were only following orders" after being rounded up for shooting innocent civilians.

Public Defender, let's void the Nueremburg verdicts, shall we? Those guys got a bum deal. They were following the rules, and you and I know that's always the only decent thing to do!

sigaliris
November 25, 2008 6:40 PM

Marion, have you ever heard of Godwin's Law? I advise you to look it up.

Since you have already dragged HItler into this topic, however, let me point out that it was by no means self-evident to all that WWII was the "good war" at its beginning. The America First Committee, which opposed our entry into the war, had a sizable Catholic contingent, including the well-known radio priest, Father Charles Coughlin. Coughlin's position was that the Nazis were a necessary bulwark against Bolshevism. Many American Catholics of Irish descent simply didn't want to defend their hated enemy, Britain, and were happy to see them bombed by the Germans. Defending the Jews was not high on anyone's agenda.

An interesting quote from the notorious Charles Lindbergh speech opposing the war advances much the same arguments that are now being used by conservatives to warn gay people and feminists against agitation for their rights:

Instead of agitating for war the Jewish groups in this country should be opposing it in every possible way, for they will be among the first to feel its consequences. Tolerance is a virtue that depends upon peace and strength. History shows that it cannot survive war and devastation. A few farsighted Jewish people realize this and stand opposed to intervention. But the majority still do not.

In other words, for your own good, don't rock the boat or you will unloose horrible retribution on yourselves and we will, of course, be helpless to save you. (cue ominous music)

So citing Nuremberg might not be your best move. It's a bit more complicated than you think.

trotsky
November 25, 2008 7:24 PM

Say, Mr. Dreher, this looks like an article you'd be interested in:

http://www.thenewatlantis.com/publications/health-care-with-a-conscience

SteveM
November 25, 2008 8:20 PM

Re: sigaliris

Nice little meander to nowhere that is totally off topic. Suggest you toss out some bread crumbs of relevance so you can find your way back to the nest.

Now that you are safe and sound, do tell us what is so complicated...

Jeff
November 25, 2008 8:39 PM

Um, "up to the time of fetal viability" is what now, exactly? Which is why Roe v. Wade is "dead law walking," because Justice Blackmun based his flimsy, fragile compromise legal doctrine on flexible quasi-medical standards (i.e. trimesters, which did not and do not exist in medical parlance); hence, when viability changes -- new heart-lung machines, new meds to support membrane perfusion, etc. -- the law changes.

So while i don't support FOCA in any way, shape, or form, if Sen Boxer is right, they may be sowing the wind so as to reap the whirlwind.

Your Name
November 25, 2008 8:56 PM

Sigarlis asked, "Marion, have you ever heard of Godwin's Law? I advise you to look it up."

You don't want to talk about Nueremburg? Fine. Talk about My Lai. Talk about Gitmo. Whether discussing war crimes in Germany or Vietnam or Gitmo, there is a principle involved: That principle is that the American government has always placed primacy of conscience above the requirement simply to follow orders. The United States expects men and women everywhere to "do the right thing" even when they are ordered to do what they know to be wrong. And if they do what is wrong anyway, and attempt to excuse themselves on the grounds that they "were following orders", the United States has replied that doing what one knows to be wrong in violation of one's own conscience is never acceptable, even when ordered to do so. It has always been considered beyond the pale to compel a reasonable person to violate his or her conscience as well it should . . . until now, until the question of abortion arrived.

No true American would ever attempt to compel another person to do that which is in violation of his or her conscience.

I repeat: No true American would ever attempt to compel another person to do that which is in violation of his or her conscience.

Peterk
November 25, 2008 10:31 PM

"I can't see Catholic hospitals being forced to provide surgical abortions. That's just inconceivable."

and no one could foresee Catholic Adoption Agencies in Massachusetts being force to provide adoption services to homosexual couples. Rather than do something that went against Catholic doctrine, the Church closed up shop.

"The board of directors of Catholic Charities today announced that Catholic Charities, Archdiocese of Boston, will not seek a renewal of its contract with the Commonwealth of Massachusetts to provide adoption services. Catholic Charities will work with the Department of Social Services and other appropriate agencies to make this transition as smoothly as possible."
http://www.lifesitenews.com/ldn/2006/mar/06031003.html

"The Boston Archdiocese's Catholic Charities said Friday it would stop providing adoption services because state law allows gays and lesbians to adopt children."
http://www.boston.com/news/local/massachusetts/articles/2006/03/10/catholic_charities_to_halt_adoptions_over_issue_involving_gays/

sigaliris
November 25, 2008 10:34 PM

Okay, SteveM, I'll bite--once--and explain it to you.

Marion's analogy implied that: it is obvious that following the rules of their society (as Public Defender suggests Catholic hospitals should do) was bad when the Nazis did it. Ergo, it should, obviously, be bad if the hospitals do it. Because, I assume, Marion thinks our society is so much like that of the Nazis--but I merely infer that. Marion didn't say it in so many words.

My comment pointed out that: while it seems obvious in retrospect that Nazis were evil and under no circumstances to be obeyed, it was apparently not obvious to all, including many Catholics, at the time when the war started. Nazis were tried for "war crimes," which included bombing civilians and slaughtering Russians, Communists, gays, Jews, etc. But all of those things received at least conditional approval from many on the other side, who approved bombing when it was done by our side, and who didn't like Jews or Bolshies either--see Fr. Coughlin's speeches.

Marion attempted a clear parallel between abortion opponents and enemies of the Nazis--both unequivocally good--and pro-choice people and Nazis--both "followers of orders" and unequivocally evil. That analogy doesn't hold up if you look at the historical record. Perhaps you're right and I'm beating a gnat to death with an entrenching tool--but bad analogies bug me. They muddy one's thinking and are to be reprehended.

Your Name: it is not I, but the rules of internet discourse that don't want people to talk about Nuremberg unless the topic is specifically about Nazis. I urge you, too, to look up Godwin's Law. When every topic reduces to "Look over there! HITLER!" then the Brigadier has to come out and inform us that this sketch is getting silly. (See Monty Python.)

As for Americans never forcing anyone to violate his or her conscience, that's not historically justifiable either. Which is a nice way of saying it's BS. Look up the history of conscientious objection, for example. Look up lawsuits involving the Pledge of Allegiance. Look up the history of compulsory schooling. Look up war tax resisters. And what do you think the Bush "gag rule" on foreign health care agencies that provide family planning advice is all about? There are plenty of other examples one could come up with.

Karen Brown
November 25, 2008 10:58 PM

I guess I fit what Steve was asking about. I'm atheist AND I'm Left. I don't give a lot of money, I'm afraid. I'll be honest and admit that. Of course, the shelter where I work doesn't really pay enough for me to have alot of discretionary income for such things. I still try to give in time, but I'm not really sure your study counts that kinda thing. I will be changing jobs soon, but I'm afraid that the giving issue won't change a lot then either. Peace Corps doesn't exactly pay the big bucks either. As for those 'atheist hospitals', etc... Yeah, that'd go over really well. I wouldn't honestly vouch for the health or safety of the staff at such a place, much less the patrons. I have to settle for 'secular' (as in not specifically attached to a religious institution) charities like.. Second Harvest, the homeless coalition that I work for, etc. That's going to have to do. Not that I have any problem working for, or with, any religious charity that isn't engaging in mission work. You know, like Catholic Charities. We work with them a lot. Another thing that might skew the results of that study? Not one person where I work or live has a clue I'm an atheist in the first place. It isn't always a... smart idea to advertise that kinda thing. And I'm not exactly the only person out there like that.

Erin Manning
November 26, 2008 12:42 AM

Public defender wrote: "Anti-abortion doctors, pharmacists, and nurses don't belong on any unit treating potentially-pregnant or actually pregnant patients who need honest advice about their lawful medical options."

As a formerly-pregnant person who believes that abortion is murder, why should I be denied the ability to choose a doctor who agrees with me? Why on earth would I want a doctor who thinks my unborn child is a non-person treating my child and me for nine months? Why should I have to accept that my only choice of a medical professional must be someone who is comfortable killing a baby at ten a.m. and then monitoring my (same gestational age) baby's heartbeat at eleven?

I would never be comfortable in a situation where I would be forced to see a pro-abortion ob/gyn as my only option. So why not continue to let those medical professionals who object to abortion continue to see patients like me? Whom does that hurt?

Marion (Mael Muire)
November 26, 2008 6:10 AM

Sigarlis wrote: As for Americans never forcing anyone to violate his or her conscience, that's not historically justifiable either.

What I said was different and had nothing to do with what Sigarlis wrote. I said "No true American would force another person to violate his or her conscience." And that it is historically justifiable: A true American - a true patriot - is one who embodies and upholds the American ideals of life and liberty.

Not everyone who was born in this country or who lives here has valued the ideals of life and liberty; and misguided or overzealous people have gotten away with enacting bad laws or policies interfering with others' life and liberty, as in the examples Sig gave. But such are not the acts of a true American, but those of a misguided or overzealous individual, who has failed to grasp that the values of life and liberty are what America is all about.

Your Name
November 26, 2008 6:16 AM

Erin Manning wrote: "I would never be comfortable in a situation where I would be forced to see a pro-abortion ob/gyn as my only option. So why not continue to let those medical professionals who object to abortion continue to see patients like me? Whom does that hurt?"

It hurts the plans of Sauron-Moloch to dominate all. Resistance is futile, Erin. You will be assimilated. All who resist the power of Sauron-Moloch will be assimilated. Submit now or be annihiliated.

Marion (Mael Muire)
November 26, 2008 7:16 AM

NOW (National Organization for Women). NARAL (National Abortion Rights Action League). Planned Parenthood. . .

And now the President of the United States. . . .

Welcome to the A-BORG-tion Continuum.

"Resistance is futile! You will be assimilated!"

Public Defender
November 26, 2008 7:32 AM

Nazi analogies? Dreher repeatedly complains that anti-gay religious people are tarred with the "bigot" label, but anti-abortion* people routinely compare pro-choicers to Nazis. Even on the gay rights issue, the Catholic leadership asserts gay people as "intrinsically disordered."

The anti-gay-anti-abortion crowd should not be surprised to see their opponents used a toned-down version of their own rhetoric.

Daniel
November 26, 2008 8:06 AM

"So why not continue to let those medical professionals who object to abortion continue to see patients like me? Whom does that hurt?"

That's not the issue. If a pro-life pharmacist or OB-Gyn wants to start a pharmacy or practice where they are explicit that they won't perform abortions or fill prescriptions for contraceptives, that's one thing. But if they work at my local CVS or hospital maternity ward or ER, I expect them to perform as medical professionals and not impede the public's ability to obtain contraceptives or receive an abortion during a medical crisis.

public defender
November 26, 2008 8:50 AM

Daniel makes a good point. When patients show up at the doctor's office, hospital, or pharmacy, they reasonably can expect to be offered the best medical advice about their options. At a minimum, those patients need to know what they are not getting.

Also, if you support conscience clauses that exempt individuals from policies of their employer's that the individuals believe to be immoral, would you support the right of a pro-choice doctor at a Catholic hospital to offer contraceptive advice and services morning-after services to rape victims if the doctor's conscience required him or her to offer such services? How about the right of a pro-family adoption counselor working for a Catholic adoption agency to place a child with a same sex couple if his or her conscience told her the placement was morally required? Same with a pro-choice pharmacist and contraception.

Or do you only support the right to personal conscience when you agree with that personal conscience?

public defender
November 26, 2008 8:52 AM

Or, another example. As someone religiously opposed to the death penalty, should the law allow me to lie and cheat when defending a capitally charged client in order to help save his life?

toro toro
November 26, 2008 9:42 AM

So explain, Rod, how you get from "(bishops would) turn out the lights rather than comply" to "(Obama would) force the closing of every Catholic hospital in America."

Are you now denying the US bishops the capacity for free will? Or simply granting them a priori absolution for what would be a breathtakingly spiteful act of moral handwashing?

Or is your alarmist reasoning just really, *really* sloppy?

Marion (Mael Muirer)
November 26, 2008 9:50 AM

Public Defender asks: "Or do you only support the right to personal conscience when you agree with that personal conscience?" As an American I am opposed to anyone being compelled - against the dictates of his or her conscience - to inflict lethal injuries on a fellow human being. That support of conscience is quite different from unqualifiedly supporting those who state "my conscience requires that I give information about elective procedures or medications whenever I encounter patients who fit a certain profile." There's a big difference between inflicting lethal injury vs. refraining from discussing elective options to otherwise healthy patients.

SteveM
November 26, 2008 11:22 AM

Re: Daniel

"I expect them to perform as medical professionals and not impede the public's ability to obtain contraceptives or receive an abortion during a medical crisis."

Let me point back to a comment I made earlier about religious charities. Catholic dioceses established what were essentially missionary programs in inner cities by providing decent educational opportunities to many non-Catholic minority children. Those schools are often largely funded by Catholic benefactors since the kids' parents are not members of the parish and may not be able to afford the tuition.

Why can't or won't abortion proponents do the same? I.e., set up missionary abortion clinics in areas that from their point of view are inadequately served. And just like Catholic Charities has an annual appeal, set up an Abortion Charities and solicit funds from advocates of the cause.

The important subtext here is that Catholic educators may believe in educational choice. The public education model may be normative, but they did not stop at advocating for policy changes. They actually invested in solving the problem of poor quality education.

Laura
November 26, 2008 11:35 AM

Now, how many people will die because the Catholic Bishops will be closing all those hospitals? THAT is a pro-life stance?

Marion
November 26, 2008 12:01 PM

Laura wrote: "how many people will die because the Catholic Bishops will be closing all those hospitals?" Laura, the good news is that no one has to die . . . if the Congress and the President-elect cease to move forward with legislation that would force Catholic hospitals to either perpetrate that which God has forbidden or to close their doors. Laura, for the sake of those patients who are at risk if Catholic hospitals close down, please contact your Congressional Representative and Senator, and the President-elect, and ask them to back off from this outrageous and dangerous legislation. Thank you.

Franklin Evans
November 26, 2008 12:02 PM

Anyone care to comment on what I find an obvious compromise?

Medicaid/Medicare already categorize procedures and treatments down to fine detail. Let Catholic hospitals et alia deny whatever their consciences demand, simply deny them federal reimbursement for those areas of care.

OB/Gyn? No reimbursement for anything in that area so long as they refuse to prescribe or dispense contraception or perform abortions.

Indeed, to avoid pushing up already too-high bureaucratic costs, let them be on an honor system. Let them refrain from asking for reimbursements in the affected areas of care.

public defender
November 26, 2008 12:05 PM

"As an American I am opposed to anyone being compelled - against the dictates of his or her conscience - to inflict lethal injuries on a fellow human being."

But the law does not recognize a fetus (or a non-implanted fertilized egg) as a human being. Many PETA people think that killing animals is morally equivalent to killing human beings, should they be able to get jobs at packing plants and then refuse to do any work because they don't believe in killing?

If I believe that standing by and not taking a chance to preserve life is morally equivalent to killing, am I allowed to lie and cheat to increase the chance that my capitally charged client will live?

The problem is that anti-abortion and anti-contraception people have not set forth an objective argument that society should exempt them from the general rules that govern us all, but not others.

Franklin Evans
November 26, 2008 12:08 PM

I neglected to properly qualify my final statement above:

Indeed, to avoid pushing up already too-high bureaucratic costs, let them be on an honor system. Let them refrain from asking for reimbursements in the affected areas of care. They could show their consciences to the world by no longer taking federal funds for care in which their consciences motivate them to discriminate.

I apologize to anyone offended by the end of the first post. I would be, too.

Marion, it is not as black-and-white as you make it out to be. Based on my acquaintance with many Catholic charities in my area, I seriously doubt they would close entire hospitals over FOCA. Ob/Gyn and maternity, yes, but not the whole shebang.

Marion
November 26, 2008 12:25 PM

Public Defender wrote: "But the law does not recognize a fetus (or a non-implanted fertilized egg) as a human being." I see, Public Defender, that human rights are, for you, whatever the state says they are. And human beings are, for you, whatever the state says they are. Whoever gets hold of the state apparatus also lays automatic and exclusive claim to all moral authority to define "human" and "human rights". Whoa! (Shiver) I have two words for you: "Dred" "Scott".

SteveM
November 26, 2008 1:21 PM

Re: Franklin Evans - "I seriously doubt they would close entire hospitals over FOCA. Ob/Gyn and maternity, yes, but not the whole shebang."

Sure they would. Because the government dollars they would take under that arrangement would be blood money. Like a merchant taking money from a mobster. He knows it's dirty but may look the other way to make the sale.

The Church can't "make the sale".

Franklin Evans
November 26, 2008 1:46 PM

SteveM, I'll take blame for being dense today (long week, long story), so please forgive me: I just don't see your point. Would you mind expanding it to show the logical points in between?

public defender
November 26, 2008 1:52 PM

"Whoever gets hold of the state apparatus also lays automatic and exclusive claim to all moral authority to define 'human' and 'human rights.'"

Many PETA members would agree with you.

SteveM
November 26, 2008 1:59 PM

Re: Franklin Evans

It's like Michael Corleone promising Kay that in 5 years all the Family's income will be legit. Maybe so. But money is totally fungible. So in the meantime, a merchant who sells to the Corleone can rationalize, "Oh, Mr. Corleone is buying 3 of my suits with money from his legitimate business. So I don't feel bad making the sale."

If FOCA passed, the government would be Corleone. Another merchant of death. The Catholic hospitals would know that it could step on their necks anytime. They can't take the money.

The anti-Catholic Left BTW, would applaud wildly.

Marion
November 26, 2008 2:05 PM

Public Defender, so you're down with Dred Scott as of the time it was the law of the land? And as of one second before it was overturned, Americans acting contrarily to the spirit and the letter of Dred Scott were out-of-line, and if you had been there, you would have told them, "obey the rules, guys. The state says Dred is not a person with rights, and it means it, so knock it off."

public defender
November 26, 2008 6:15 PM

Marion,
Dred Scott was the law for a (thankfully brief) period of time, and I expect the law recognize the law. Sometimes lawbreaking is morally required, but, as both Ghandi and MLK recognized, the State must treat lawbreaking as lawbreaking. Someone helping a fugitive slave escape between Dred Scott and the Civil war should have prosecuted or not regardless of whether they were doing it for money or conscience.

The question I have for you is, if people deserve a conscience exception from the law when a they believe they are morally required to break the rules to preserve human life, should the law allow me to lie and cheat in a death penalty case to save my client's life? What about the PETA member who believes that animal life is equal to human life?

Society has a set of rules for dealing with religious requests for accommodation. For example, sometimes, an employer can require an employee to wear (or not wear) certain items of clothing that would violate deeply held beliefs. Sometimes not. I don't see any attempt by the anti-abortion and anti-contraception crowd to explain why they deserve an exception other than it's really important to them.

Marion
November 26, 2008 8:34 PM

Public Defender wrote, "if people deserve a conscience exception from the law when they believe they are morally required to break the rules to preserve human life, should the law allow me to lie and cheat in a death penalty case to save my client's life? What about the PETA member who believes that animal life is equal to human life?"

This is not a question of "preserving" human life. This is a question of pro-life physicians and hospitals being commanded by the state to destroy human life - an unconscionable act - by perpetrating abortion. Such a command by the state is an act of tyranny, and is insufferable to a free people.

Should the law allow you to lie and cheat in a death penalty case to save your client's life? No, the law should uphold that which is right; lying and cheating, even to save a life, is generally (with some few exceptions) not right.

If a PETA member who believes that animal life is equal to human life can make a reasonable case before a judge that his/her view has a worthy place in the history of Western law and jurisprudence, then more power to him. I would still be outraged, however, if based on said judge's finding, Congress enacted legislation requiring all medical facilities to admit and treat all land mammals as patients side by side with their human patients.

Public Defender wrote: "I don't see any attempt by the anti-abortion . . . crowd to explain why they deserve an exception other than it's really important to them."

Public Defender, have you ever read or listened to anyone who is pro-Life on the topic abortion, what it is, and what it does?

Do you know that most profesional hit men, if asked to accept a contract on a family including a child, will say, "No. I don't do kids." He'll turn you down. Doesn't want to kill children. A psycho will do it, or a thug. But a professional won't. Kill kids.

Neither do Catholic physicians. Or Catholic hosptials. They have consciences at least as sensitive as your average self-respecting hit man.

I don't know how much plainer I can make it to you.

And that you question why someone feels they "deserve" an exception enabling them not to kill kids?

Wow. Just wow.

public defender
November 27, 2008 5:49 AM

"No, the law should uphold that which is right; lying and cheating, even to save a life, is generally (with some few exceptions) not right."

Why are lying and cheating to save a life "not right"? We allow people to commit lesser wrongs to prevent greater wrongs all the time. Heck, we can even legally kill people to protect ourselves and our families (or to stop our car from being repo-ed if we live in Texas). Lying to save a life is a lot less bad than killing to save a life.

But back to your point. The problem with your abortion and anti-contraception argument is that your arguments depend on the rest of us agreeing with your underlying premise. Your argument, if accepted, would require that abortion and contraception be banned, but your argument does not allow for a middle ground in which contraception is allowed but you personally don't have to participate in it.

public_defender
November 27, 2008 6:56 AM

"but you personally don't have to participate in it."

By this I mean medical professionals on whom patients would depend. Nothing in your argument explains why you have the right to unilaterally and secretly deprive rape victims of medically and legally available treatment options.

My religious beliefs are incompatible with prosecuting capital cases. But I wouldn't take a job in the felony unit of a prosecutor's office and then demand to be excused from all capital cases. That would create a hardship on many offices, especially smaller offices.

Likewise, some religious beliefs are incompatible with some medical jobs. You don't have to become an ER doctor (or open an ER), but if you do, your patients have the right to expect honest and complete medical advice. If a job would require you to violate your conscience, don't take the job.

You haven't made the case for demanding the job and then forcing your employer and your patients to redefine your responsibilities to fit your personal beliefs. Again, if a job would require you to violate your conscience, don't take the job.

Marion
November 27, 2008 7:35 AM

Public Defender wrote, "if a job would require you to violate your conscience, don't take the job.

I will take the job, Public Defender, I will take it just the same. I will run the clinic and the hospital, and I won't destroy life, even if I am persecuted for refusing to do so. I will serve as a police officer in the South, and I will refrain from racial profiling, even if ordered to do so. I will take the job and I will be true to my beliefs. I will serve as a soldier or a Marine, assigned to a prison duty or to guard a village, and I will refrain from torturing prisoners or abusing civilians, even if ordered to do so. I will take the job, and I will be true to my belies. I will work in hospitals, factories, offices, garages, day care facilities, nursing homes. And I will do what is right, even if King George III himself rises from the dead and tells me to do otherwise. And if I am jailed, fined, or shot for doing so, I will appeal to the inherent goodness and decency of the majority of the American people - the American people who understand that the final authority in all matters is not the power of the gun or the sword - the power of King George or of Caesar, but the power of God.

As the Rev. Dr. Martin Luther King said, "And when this happens, when we allow freedom ring, when we let it ring from every village and every hamlet, from every state and every city, we will be able to speed up that day when all of God's children, black men and white men, Jews and Gentiles, Protestants and Catholics, will be able to join hands and sing in the words of the old Negro spiritual:

Free at last! Free at last!

Thank God Almighty, we are free at last!"

Marion
November 27, 2008 8:49 AM

Marion,

Your comment gives no guidance as to when religious people should be entitled to a legal exception to general rules. Your comment gives no guidance as to when open or covert civil disobedience is permitted. Basically, your comment gives no guidance as to when an individual is free to disobey the general rules of society other than "I don't wanna."

Under your theory, I am allowed to lie and cheat to defend a capitally charged individual. Heck, I'm allowed to lie and cheat to defend anyone if I think they are overcharged or in any way unfairly prosecuted. Under your theory, Catholics are allowed to lie their way onto capital juries in order to prevent the imposition of the death penalty.

public defender
November 27, 2008 8:52 AM

I accidentally put Marion's name in the box that identifies the poster in the 8:49am comment. The post was mine, not hers. I meant to address my comment to her, not pretend to be her. Sorry.

Marion
November 27, 2008 9:02 AM

Public Defender wrtoe: Your comment gives no guidance as to when religious people should be entitled to a legal exception to general rules."

I have to do this in small pieces.

The American people, the majority of whom have feared God and have sought to do good and avoid evil, even prior to and apart from what any earthly law demands or forbis, were the very ones who established our government. They established it to provide for their common welfare and defense.

Agreed? Or Refuted?

Franklin Evans
November 27, 2008 11:10 AM

Marion, while I understand your passion for this topic, I also am sad to watch you shoot yourself in the foot over it.

There are no small pieces here. There is only one question: when you choose the balance between personal conscience and public ethics (by which I mean complying with laws with which you disagree), are you willing to suffer the consequences? I don't mean being a martyr. I do mean going to jail, just like Dr. King and others did.

If I hired you to do a job, if I clearly stated to you what the duties and details of that job were, and in accepting my offer of employment you failed to state that there are one or more of those details which you would not comply with -- out of conscience -- then upon your refusal to do those things I would fire you and file a with-cause complaint with the state government (I'm in PA), which would further deny you unemployment benefits.

If I were kind, if I were even a little sympathetic to your cause, I would be a liar if I didn't file the with-cause complaint. I would further be engaged in unfair employment practices if I failed to fire you in the face of my other employees doing the things you refused to do.

Now, do you get it? You are free to act (or not act) on your conscience. Society in turn is free to react. That is as generic a description of the rule of law I can think of. If you don't like a law, and you are bent on breaking it, then you suffer the consequences at least until society -- by the process of legislation -- changes that law. That, by the way, is the part you are missing when you cite Dr. King. His conscience, his heroism, was in breaking the law knowingly and consciously, bearing the consequences, and staying with it.

Marion
November 27, 2008 2:27 PM

"You are free to act (or not act) on your conscience. Society in turn is free to react.

I understand that. I watched the tanks rolling in Tianamen Square. I know what Caesar does to any who dare to oppose him.

What astonishes me is that so many Americans seem to be on the side of Caesar when he orders the Christians to sacrifice to the idols or die.

That's not the America I love and believe in. That's not the America my father fought for, or my grandfathers or great-grandfathers. There must still be some Americans who believe in "The Land of the Free", men and women who are capable of governing themselves and who answer to a higher authority than Caesar or to their employer.

Come to think of it, I believe the majority of Americans still do believe as I do. They still believe that there is a higher authority. These are Americans who don't mock God and who don't mock religion. And who don't like government or employers putting the smack-down on Christians who are quietly practicing their beliefs.

Yes, Franklin, bring on threats of pink slips, eviction notices, even jail sentences. And enjoy the power while you can. Caesar's power, however, doesn't last forever.

I will not be back. This is useless. Good-bye.

Franklin Evans
November 28, 2008 10:15 AM

Marion, good luck in finding the real America. You have not found it yet. In the meantime, I wish you the best of health and an eventual realization that those who disagree with you are not your enemies, and to assume so makes you an example of the greatest danger to our republic that there can be.

public defender
November 28, 2008 1:07 PM

Marion,
I'm not going to play twenty questions with you. You want an exception to the general rules of society, but you can't present an explanation of why society should accommodate you but not every other religious belief. Should a good faith religious belief allow anyone to violate any law? If not, where do you draw the line?

So far, Marion, you basically just say that your beliefs deserve accommodation because they are so right. That only is persuasive to people who already agree with you.

And Franklin, to be fair to Marion, she is asking for a legislative exemption. The question is whether there is a sound policy reason to give it to her.

There are a number of ways to give exceptions to general rules:

-Surreptitious disobedience;
-Open civil disobedience (MLK/Ghandi);
-Legislative exemption;
-Constitutional exemption;
-Others that I can't think of in the time I have for this comment.

I just don't see a coherent argument that allows abortion and contraception to remain legal but permits doctors and pharmacists to openly or surreptitiously withhold contraceptive services. The argument would be stronger for OB practices that openly proclaim their limits and where their would-be patients have other options. The argument is weakest in ER's that might treat rape victims who should have the right to have all their options presented to them.

Franklin Evans
November 30, 2008 4:39 PM

PB, I tried to show understanding of Marion's position. That I continued to disagree with her is, I'm assuming at this point absent contradiction from her, the deciding factor. One cannot disagree with a moral stance and find understanding in return.

I want to be fair to Marion. What I can't tolerate is a contradiction to the expectation that a citizen will uphold the rule of law.

For me, the distinction is imperative. I can think of situations where I would deliberately break a law. I live in a situation where I am forced to break the law (traffic laws) because to comply with them is dangerous. Try staying at 55mph in the right lane of a four-lane highway without being threatened by other drivers, most of whom are blithely unaware of the threat they pose.

The point she is missing, or so I read her posts, is that deliberately breaking a law should somehow be free of consequences under that law.

Your Name
November 30, 2008 5:04 PM

I am SO HAPPY and DELIGHTED that OUR CATHOLIC BISHOPS have FINALLY TOOK a stand on this ISSUE.............I have recectly read a book where it is stated "CLEARLY" Obamas position since his senate seat in Chicago.

It is APPALING that anyone who even REMOTELY considers themselves a
HUMAN BEING would say and abide the things he did in regards to CHRIST HOSPITAL in Chicago and the BABIES that were BORN ALIVE due to BOTCHED ABORT................STRIKENLY the NAME of THE HOSPITAL sickend me..........His former church and another pro abort church took ownership of this PLACE............Jill Stepick the nurse who came forth and testified before congress as to how the babies born alive were trated as HUMAN GARBAGE ...the MOST CRUEL and INHUMAN treatment to these tiny souls..NOT EVEN ALLOWED any OXYGEN for aid in breathing......the so called mothers wanting NOTHING to do with their child........... SHE herself held and COMFORTED these tony HUMANS as they die....................

Whatthe HELL is and HAS been going on in this nation is an abomination and an EVIL so great that it is no wonder OBAMA got in.....GODS JUSTICE will reign and we are just at the tipoff on the JUSTICE he will pass out due to the in-humanity of AMERICA...A once BEAUTIFUL LAND tarnished with the KILLLING FIELDS of BLOOD ....ALL THOSE BABIES murdered by FIAT of 5 SUPREME COURT JUSTICES...JUDGES!????

NOW to have the punishment to the U.S. of a president who sees this as NOTHING WRONG!!!!!!! DUE to the fact it would would by granting these babies LIFE STATUS would erode ROE! Is this an EVIL and VILE HUMAN or maybe just a match for HITLER~????????The statements he made on the floor of the senate in Chicago was a bunch of LAWERLY garbage!
By virtue of his ACTIONS in this regard he has shown to be EVIL!

YES! Close OUR TREASURED CATHOLIC HOSPITALS if FORCED to do what is SO AGAINST OUR FAITH and THE LAW OF GOD! I too belive all catholics should BEGIN by appologizing for VOTING for this KILLER by his LANGUAGE in regards to BABIES in utero and OUT! Yes we all may be called to DIE to STOP this UTTER MADDNESS.....GOD HAVE MERCY! we so DESPERATLY NEED IT but I would not blame him if HE just said NO!

Jon Do
December 2, 2008 2:20 PM

Actually, this is probably even worse than "only" losing Medicaid and Medicare (as devastating as that would be), given that it seems likely that some form of Federal (Socialist) health care will be put into place under Obama and the Democrat Congress. With the Feds grabbing control of the flow of most, or all, of health care dollars, then yes, this could close hospitals of faith (such as Catholic hospitals). However, I would guess that then the Feds would grab control of the closing hospitals as an "emergency measure" (reference the handling of the financial crisis), retaining all staff who would stay on.

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About Crunchy Con

Rod Dreher is an editorial columnist for the Dallas Morning News, and author of "Crunchy Cons" (Crown Forum), a nonfiction book about conservatives, most of them religious, whose faith and political convictions sometimes put them at odds with mainstream conservatives. The views expressed in this blog are his own.

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