43 Catholic institutions file lawsuits against HHS contraception mandate
From Modern Healthcare, today:
Catholic institutions across the country filed 12 federal lawsuits against HHS alleging the department’s mandate over contraception coverage for employer-provided health plans violated their religious freedoms.
The plaintiffs include 11-hospital Franciscan Alliance, Mishawaka, IN, and five-hospital Catholic Health Services of Long Island (NY).
The lawsuits were filed on behalf of 43 Catholic hospitals, schools and churches across the nation in U.S. District Court in eight states and in Washington, D.C.
U.S. Conference of Catholic Bishops President Thomas [sic] Dolan issued a statement saying they will continue to work with President Barack Obama’s administration to resolve the concerns, but that “time was running out,” forcing the Catholic institutions to resort to legal actions.
“Though the conference is not a party to the lawsuits, we applaud this courageous action by so many individual dioceses, charities, hospitals and schools across the nation, in coordination with the law firm of Jones Day,” Dolan said in a statement….
HHS issued an interim final rule in August 2011 requiring that employer-based health plans provide contraception coverage with no out-of-pocket cost. The administration failed to fully quell criticism of the policy with a modification in February stipulating that insurance companies would pay for the benefit if employers raised religious objections.
One of those 43 institutions is the University of Notre Dame in South Bend, IN, which filed a 57-page lawsuit listing HHS Secretary Kathleen Sebelius, among others, as defendants. The school’s president, the Rev. Thomas Jenkins, sent a message to the university’s community on Monday.
Seems to me Fr. Jenkins bends over backwards to distance himself from Catholic teaching against the use of contraceptives:
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.
Still, I give Fr. Jenkins credit for joining in the lawsuit, which requires a bit of crow eating. And, in fact, the lawsuits are not about the use of contraception but about the freedom to practice religion.
Back to the article:
The Diocese of Fort Wayne-South Bend also filed its own lawsuit and questioned how the government exempted certain institutions from the mandate.
“The government has no place defining ‘religious employer’ so narrowly that it only includes houses of worship,” a diocese statement read. “This reduces the freedom of religion to the freedom of worship.”
Franciscan University President Terence Henry released a YouTube video stating “the board of trustees… unanimously approved this unprecedented action to stop the HHS mandate, which amounts to nothing less than a grave threat to our constitutionally protected First Amendment right to freedom of religion.” He also does a great job promoting Catholic teaching on contraceptives.
[youtube]http://www.youtube.com/watch?v=dI4NEUNR-V8[/youtube]
Last week Franciscan was the first to announce it was dropping health insurance for its students, followed quickly by Ave Maria University’s announcement that it, too, is considering making the same move.
Ave Maria filed a lawsuit against the mandate in February. Here’s the new total, quoting Catholic News Agency:
At least 11 previous lawsuits have already been filed against the mandate by states, colleges, private employers and organizations throughout the U.S.
Now, 12 new lawsuits are being filed by 43 dioceses, hospitals, schools and church agencies in a dozen different jurisdictions across the country.
The Archdioceses of New York and Washington, D.C, are part of the lawsuits, as are Catholic Charities organizations in several dioceses and the Catholic publishing group Our Sunday Visitor.
Our Sunday Visitor simultaneously released an inspiring editorial, “Why we are suing the government”:
It seems to us hardly a coincidence that this suit is taking place in our centennial year. Founded 100 years ago by then-Father John Noll, Our Sunday Visitor from its beginning sought to inform Catholics about the issues of the day, form them in the Faith, and defend that Faith from attack. It was Father John Noll who stood up to those who attacked Catholic immigrants as un-American and seditious. It was Father John Noll who faced down false preachers who spread slanders about the Church. It was Father John Noll who resisted the power of the Ku Klux Klan when it was such a powerful political force. And it is in his courageous spirit that we invoke as we engage in this great struggle today.
We know that many Americans – and even many Catholics – are confused about this debate. Politicians and elements of the news media have sought to make it a war against women or contraception, and they have portrayed the Church as seeking to impose its values on others or as being covertly political.
We also acknowledge that many Catholics do not understand the reasons for the Church’s moral opposition to contraception, sterilization and abortion-inducing drugs. This lack of understanding points to a significant catechetical need that the Church should address internally.
We reiterate, however, that this is not about the legality of such practices in society, nor is it about how many Catholics understand the Church’s position. It is about the Church’s right to practice what it preaches.

Timothy Dolan not Thomas (modern healthcare got that wrong) I’m wondering why MORE hospitals and such don’t join the other 43? I know there’s alot more than that that are against the HHS mandate.
Wonderful!
Thank you to the 43 Catholic institutions and their leadership for standing up to the HHS mandate.
I hope that many more will join in the next few days.
I wish I could help thse institutions in same way or fashion. I’ll start by praying!
“It is about the Church’s right to practice what it preaches.”
Amen!
I don’t see Father Jenkins as distancing himself from Catholic teaching. I see him very directly countering the erroneous messages the media has been spreading regarding this issue.
My guess is that additional lawsuits will follow. I wouldn’t be surprised to see the self-insuring Wisconsin dioceses join in. Hopefully Chicago will sue as well.
No doubt many thought the uproar over the HHS mandate would just blow over. It’s gratifying to see that so many in the Church are willing to fight!
The rallies on June 8 should be interesting.
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.
Perhaps Father Jenkins needs to re-evaluate his understanding of “Catholic Conscience”; without doing so he is at serious risk of confusing the formation of good Catholic consciences. While it is good to practice ecumenism, one is obligated to follow one’s own Church’s teachings on moral issues, ie., birth control.
This is going to be a great teaching moment in history for Catholics, cafeteria and orthodox alike! Praise God!
LOL that picture of the look on Sebelius’ face is worth 1000 words!!
June 8,12 Stand Up for Religious Freedom Rally Locations http://bit.ly/IW9c25
That’s my diocese :)
Meanwhile, those who don’t follow the oldest criminal and misogynist men’s club in the world, will do a collective yawn. Papism is just so old school theocratic. And that’s why the Deist Founders did what they did.
Do Catholic kids still have to memorize
An army of youth Flying the standards of truth, We’re fighting for Christ, the Lord.Heads lifted high, Catholic Action our cry, And the Cross our only sword…
Talk about “Jihad.” But if the Catholic bishops have their way, we’ll be living under Catholic Sharia and women will just be so happy with all those babies….
Yeah right CC,
The Catholic bishops plot the takeover of the gov’t as we speak.
You have way too much spare time CC.
BTW, do you know if schoolchildren still have to sing to Barack Hussein Obama MMMM MMMMM MMMMMMM?
Folks,
Don’t get your hopes up. Until Obama is out of office, nothing will change.
This is a guy who tries to intimidate the Supreme Court. How dare they question him?Since when has a petty dictator had any respect for lawsuits?
Has anyone heard Newark mayor Cory Booker “clarify” his criticism of the Obama campaign? Sounds like the mayor got one good b—- slapping from the Obama regime. Of course, this “change of heart’ occured after “discussions” with the Obama campaign. Petty tyrants also do not graciously accept criticism.
CC, I don’t know where you got your information from, but the Founding Fathers of the United States were not ‘deists’ as you believe. Are you from another country? In America, our Founding Fathers were deeply religious.
Of the 55 delegates to the 1787 Constitutional Convention, 49 were Protestants, and three were Roman Catholics (C. Carroll, D. Carroll, and Fitzsimons). Among the Protestant delegates to the Constitutional Convention, 28 were Church of England (or Episcopalian, after the American Revolutionary War was won), eight were Presbyterians, seven were Congregationalists, two were Lutherans, two were Dutch Reformed, and two were Methodists.
Hopefully you are a bit more educated now, although I imagine you’ll just switch your argument from ‘my view is based on history’ to something else, since you sound pretty fluid with picking and choosing principles, morals, values, and ethics.
Thank you Conservative Teacher!
That was a great history lesson. I never knew the religious background of each of the Founding Fathers. CC, though, I think, was more interested in being confrontational than in a honest response.
April, I am so glad and proud for you that your Diocese has filed suit. I would thank them!
I am going to check with mine.
I hope that the “petty dictator” (as Mary would say) BHO, will have hundreds of these lawsuits under his door.
Hi Richard,
Pease take heed of my 7:34PM post.
Let what is happening to Cory Booker be a warning. Petty dictators do not tolerate insolence, whatever form it takes.
I can tell you that evangelicals are watching this very closely, getting ready to defend ourselves and supporting our fellow believers in Christ. First they came for the Catholics. Its our turn next. Jews and Muslims shortly thereafter.
Another thing folks,
Should Obama be re-elected, he will come at the Catholic Church with both barrels.
Mary, no problem.
Persecutions come with true faith.
I recently read a passage in the Bible that said (paraphrasing) time will come when light is darkness and darkness is light, good is evil and evil is good.
I think that’s what’s happening in front of our eyes today.
We only need to remain faithful, takes what it takes.
Hi jamie2
You are reacting very wisely. The first shots have already been fired in the war on religious freedom.
Wearing my STOP (the HHS mandate) button right now. I wear it whenever I go out in public. I have had one person ask me – second day of wearing it today. Not bad – education is a good thing. Ignorance, which is what the public schools have taught through dumb-down education, is what we have today in our society.
Hi Richard,
You should see how Obama’s minions from hell, AKA the left wing media, are going after Booker. I honestly feel sorry for the man. He reminds of that guy in New York who got in a fight with another guy,pressed charges, then discovered it was John Gotti!
Apparently freedom of speech will be the next casualty.
CC, you’re imbecilic. Catholic Sharia? Please. If anything, the Bishops are naive for promoting the same big government your ilk do.
Along the lines of what jamie2 said, the president of my protestant church body issued a statement responding to the mandate and it was one of complete solidarity. I was so impressed. I’m thinking the Muslims might be safe for awhile – not PC to persecute them – but I could be wrong.
Be gentle with CC. CC’s grandmother enabled child molesters to continue all the while she claimed to be a devout Catholic.
In CC’s world, all Christians are guilty for the sins of her grandmother.
Call this “The War On Religion, Part II - The Republic Strikes Back”.
Hi Rasquel 11:09PM
Exactly! Christ didn’t teach that one looked to The Great White Father in Rome to care for those in need.
Church leaders and members too quickly, and with the best intentions, fell into the liberal trap of viewing dependency on government as compassion.
…and, as a gentle reminder: no one’s doing CC any favours by feeding her while she remains a troll. Leave her be, and perhaps time and grace (with our prayers) will enable some change.
I know it’s gonna be a good day when I see “CC” and “misogynistic” in the same post first thing in the morning.
Y’all wake me up if she has anything original, interesting, or truthful to say.
Paladin said Leave her be, and perhaps time and grace (with our prayers) will enable some change.
Yes Paladin, I agree. We need to pray.
I think that many people who react like CC were wounded or misled in one way or another and react by being aggressive. Unfortunately, some fall prey of the liberal lifestyle and philosophy.
CC, I’ll pray for you today.
Looks like the Catholic Church is standing up to fight against tyranny. Now things have come full circle, because when this nation began many of the Founding Fathers were afraid that Roman Catholics were not committed to the principles of the Constitution and Bill of Rights. But today, it is American Catholics rising up in defense of those principles while the government seeks to finally destroy them.
“First they came for the Catholics. Its our turn next. Jews and Muslims shortly thereafter”
You do know that, apart from the Orthodox Jewish community, American Jews (who run hospitals) are fine with the mandate – as well as the liberal Protestant denominations. The Clergy Coalition for Choice is on board with it. And so is the Catholic nun who is head of a Catholic hospital association. (Guess she excommunicated herself?) You do know that in California, Catholic Charities filed suit against the state mandate and lost. You do know that the Catholic Church lost its fight against the NY mandate which, according to Cardinal Dolan, is very similar to the HHS mandate. But fine, if the Catholic Church doesn’t want to obey the law, then they should be stripped of any and all federal and state monies. Pete Williams, the MSNBC legal contributor, said that the fate of the suits is in limbo (which, BTW, Protestants don’t believe in) because the policy is not in effect and won’t be for a whole year.
But you Catholics so love to play the martyr. Do books in Catholic schools still have those treacly pictures of Catholic martyrs? The notion that there is a pogrom directed towards Catholics is laughable – seeing that they still receive mucho dineros from the government trough in the form of grants, school vouchers, etc.
And BTW, Deism was not a religion, per se, and was quite compatible with the Protestantism of the Enlightenment. And Rasqual, Catholic Sharia – given that they lobby (One of the top funded lobby groups) to curtail women’s reproductive rights which is an imposition of their theology onto those who don’t follow it – you betcha!
Hopefully, the church going Catholics won’t care that their tithings will be going towards legal bills that the bishops will be running up. Not for nothing are 1 out of every 10 Americans an ex-Catholic.
And if you want to offer prayers and entrails to your god, for my redemption, go for it!!!! LOL!!
And for those who whine about the liberal media, Fox News is on your side. Priscilla, at News Hounds, has provided extensive coverage of the one sided support that Fox & Friends has given to the bishops’ position.
Praying for you, CC.
Enjoy your day.
Do something fun for yourself.
Praxedes @12:01 AM,
I didn’t know that. It explains a lot. Thanks.
“Hopefully, the church going Catholics won’t care that their tithings will be going towards legal bills that the bishops will be running up.”
Actually if the Church uses my money to save America from tyranny that would be a nice change of pace from using it to settle lawsuits from the child sexual abuse crisis. Fortunately most of the young priests I have met are more likely to be found marching in the streets for justice than hiding in the church molesting children. The Church is being Renewed and the insanity of the 60s and 70s is going to the ashbin of history.
CC said: And Rasqual, Catholic Sharia – given that they lobby (One of the top funded lobby groups) to curtail women’s reproductive rights which is an imposition of their theology onto those who don’t follow it – you betcha!
CC, in your analysis you’re failing to see that the Obama’s administration with the HHS mandate is imposing its “theology”, its view of “reproductive rights” and lifestyle on everybody.
That is the hallmark of tyranny.
The Administration is in effect infringing on everyone’s freedom. Yours too!
That should, by itself, motivate you to question BHO (a.k.a. Barack Hussein Obama).
Be careful though, you might be arrested! ;)
Hi Richard 11:23am
Be careful though, you might be arrested!
Or at very least get taken to the woodshed like Mayor Booker! Didn’t take the Obama regime long to put out a hostage video of the mayor “expanding” on his orginal comment. The only thing missing was the gun to his head and a newspaper proving the day and date. But then, maybe we just couldn’t see the gun.
The Obama regime views Freedom of Speech with the same respect it views Freedom of Religion.
What a shame NO one really gets it. The President ISN’T going against any one’s religious beliefs. The mandate is there for those who want to use it. NO ONE is forcing ANY one to use it. You’re creating a mountain out of a mole hill Just to get at the Presidient of the United States. GROW UP!!
Dominick J., you are gravely mistaken.
I believe you need to open up your eyes, let your scales fall and see that the person who’s currently occupying the White House is not operating for the good of the people, and in justice, but in prevarication, dishonesty, and arrogance.
Dominick J.: OK, so a “mandate” that has penalties for non-compliance is not “force.” Fine then, let Obama fine anyone who doesn’t vote for him. Right? That’s not “force,” right? So it’d still be a free and fair election, right?
I’m really not sure I can muster up a contemptuous enough snort to do justice to the idea that coercive government punishments for non-compliance do not constitute “force.” What’s their purpose, if not to compel compliance by making non-compliance painful?
And by the way, why is the penalty the same for poor people as for rich people? Shouldn’t Obama fans resent that, since the rich won’t mind paying but few of the poor can afford the fine? Ergo, this force is even greater in its effect on the poor than on the rich.
Obama sycophants just don’t think this stuff through.
If there’s penalty it’s for the ins. company and not the insured person… Where in the hell do you people come up with the crap you do??? You actually believe what you’re saying??? I really feel sorry for you. If you don’t want to get protection by going through your ins. co. THEN pay for it yourself!!! No one is forcing you, it’s just so the ins. company can’t turn you down for ANY REASONS!!! Get that through your thick head!!!
@Richard,
No I’m afraid You’re Gravely mistaken and sadly deluded. You are listening to too much Faux news and Limbaugh and and instead of doing your own fact checking are listening to and believing what the GOP is telling you also. Everything you just described at the end of your tirade is exactly what the Republican Party stands for, which makes you part of the problem NOT the solution to anything. Either wake up and smell the coffee or stay asleep.
Dominick J.: What the heck are you even talking about?
I think we need to see whether you have any idea what’s even happening on the planet’s surface.
Do you understand this? Put differently? More comprehensively?
My goodness, Dominick, I would LOVE it if you are correct! I am not at all being sarcastic. In fact, I think we would all be overjoyed if we found out we were deluded about what the HHA mandate would do, and that it turns out that it would not at all force employers to cover things like contraception and sterilization. If you have resources or an article that would spell out why this is the case, we would love to read it with an open heart and mind because again, what you are saying is EXACTLY the picture of reality that we would all like. Thanks.
Dominick J. , I see you like to aggresively lunch baseless and unsubstantiated attacks against who’s not of your conviction. Fine. You can do that, if you want.
You still have that freedom, for now!
Two points I want to make:
1.You said “The mandate is there for those who want to use it. NO ONE is forcing ANY one to use it”.
From the Merriam-Webster:
MANDATE: an authoritative command; especially : a formal order from a superior court or official to an inferior one
Therefore, a “mandate” is forceful use of authority. What justifies this one?
2. You said “if there’s penalty it’s for the ins. company and not the insured person…” I assume that the “penalty” you’re talking about is a monetary.
Who do you think is going to pay for that monetary fine?
However, the real problem is the encrochement of government in religious freedom, the avoidance of which, if you rememeber, is the very reason that brought the Pilgrim Fathers to this land.
Evidently, like the majority of people who are fanatics of the Obama administration, you have not lived in a country where everything depends on the government, your very life and livelihood. I
get that you don’t understand the implications of this manadate. I am sorry you didn’t have that experience, but I ask that you do a little more research, a little more analysis of what happens in those countries and think again your position.