Douglas Kmiec on Birth Control, Bishops, Religious Liberty, and ‘Obamacare’

All this hoopla from the Catholic Bishops Conference on birth control, and from the Vatican on religious liberty, and from everybody on “Obamacare” can leave one wanting to ignore the papers, radio, and TV and just bury one’s head in the sand. But, in the end, all that really gets you is a sandy head and grit in your lashes.

If you’ve got 15 minutes to read and think (and I ask that seriously because most of us don’t), then I’d commend to you Douglas Kmiec’s essay War No More … Or, At Least, Peace With Obama published this week in the National Catholic Reporter.

Kmiec, a constitutional law professor at Pepperdine, carefully thinks through the forces surrounding the contraceptive debate, health care, religious liberty, the Supreme Court deliberations, Obama and the Catholic bishops, and frames them with American jurisprudence and Catholic moral teaching. It’s worth reading the whole thing. But here’s an excerpt to get you started:

When the president chose to not grant an exemption from the mandate that employer-provided insurance should include contraceptive coverage, some bishops called the decision an act of war on the church and religious freedom.

With due respect, I believe this overstated matters considerably. This is especially so, since the president responded promptly to begin discussions on how the ethical concerns of the church might be met more satisfactorily. In particular, the president proposed that no Catholic employer would be directly asked to supply contraceptive coverage; instead, that coverage would be provided by the employer’s insurance company.

To a good many theologians, this worked well enough to avoid formal cooperation with evil, but left unanswered how the problem could be avoided where a Catholic employer did not use a third-party insurer, but was self-insured. Discussions continue, with some now suggesting that it might be possible to create a public entity by implementing regulation to offer the contraceptive benefit in this self-insured context in a way that similarly separates a Catholic employer. Continue reading “Douglas Kmiec on Birth Control, Bishops, Religious Liberty, and ‘Obamacare’”