Catholics Could Go to Jail over HHS Mandate
April 25, 2012
Via COAST and the Weekly Standard: The U. S. Conference of Catholic Bishops is fighting back, and they’re not pulling their punches:
We have been staunch defenders of religious liberty in the past. We have a solemn duty to discharge that duty today.
We need, therefore, to speak frankly with each other when our freedoms are threatened. Now is such a time. As Catholic bishops and American citizens, we address an urgent summons to our fellow Catholics and fellow Americans . . . .
. . .
HHS mandate for contraception, sterilization, and abortion-inducing drugs. The mandate of the Department of Health and Human Services has received wide attention and has been met with our vigorous and united opposition. In an unprecedented way, the federal government will both force religious institutions to facilitate and fund a product contrary to their own moral teaching and purport to define which religious institutions are “religious enough” to merit protection of their religious liberty. These features of the “preventive services” mandate amount to an unjust law.
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During the civil rights movement of the 1950s and 1960s, Americans shone the light of the Gospel on a dark history of slavery, segregation, and racial bigotry. The civil rights movement was an essentially religious movement, a call to awaken consciences, not only an appeal to the Constitution for America to honor its heritage of liberty.
In his famous “Letter from Birmingham Jail” in 1963, Rev. Martin Luther King Jr. boldly said, “The goal of America is freedom.” As a Christian pastor, he argued that to call America to the full measure of that freedom was the specific contribution Christians are obliged to make. He rooted his legal and constitutional arguments about justice in the long Christian tradition:
I would agree with Saint Augustine that “An unjust law is no law at all.” Now what is the difference between the two? How does one determine when a law is just or unjust? A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of Saint Thomas Aquinas, an unjust law is a human law that is not rooted in eternal law and natural law.
It is a sobering thing to contemplate our government enacting an unjust law. An unjust law cannot be obeyed. In the face of an unjust law, an accommodation is not to be sought, especially by resorting to equivocal words and deceptive practices. If we face today the prospect of unjust laws, then Catholics in America, in solidarity with our fellow citizens, must have the courage not to obey them. No American desires this. No Catholic welcomes it. But if it should fall upon us, we must discharge it as a duty of citizenship and an obligation of faith.
It is essential to understand the distinction between conscientious objection and an unjust law. Conscientious objection permits some relief to those who object to a just law for reasons of conscience—conscription being the most well-known example. An unjust law is “no law at all.” It cannot be obeyed, and therefore one does not seek relief from it, but rather its repeal.