Catholic bishops are appealing a federal rule mandating coverage of preventive services, including those related to abortion, in their health plans. The bishops argue that the rule violates their religious freedom by forcing them to provide or facilitate services they consider morally objectionable. The case is being heard in an appeals court, where the bishops are seeking an exemption from the rule. The bishops' legal challenge is part of a broader effort to protect religious freedom in healthcare.
5 months ago
The U.S. Conference of Catholic Bishops (USCCB) is appealing a federal district court decision concerning an Equal Employment Opportunity Commission (EEOC) rule on abortion accommodation 2. The USCCB seeks full relief from this rule, having only received partial exemption in a previous court order 2.
The EEOC rule, derived from the Pregnant Workers Fairness Act (PWFA), mandates that employers provide reasonable workplace accommodations for limitations arising from pregnancy, childbirth, or related medical conditions 2. The EEOC's interpretation extends "related medical conditions" to include "having or choosing not to have an abortion" 2. The USCCB's policy, however, strictly prohibits providing any accommodations for abortion, asserting that doing so violates their religious faith 2.
The current partial relief allows the USCCB to deny accommodations for purely elective abortions but not for abortions linked to treating medical conditions, which are broadly defined to include minor issues like anxiety or nausea 2.
Daniel Blomberg, lead attorney for the bishops, argues that the EEOC's regulation misinterprets the PWFA, which does not explicitly mention abortion, and contravenes Congress's intent 2. He also contends that the rule infringes upon religious liberty protections guaranteed by the Religious Freedom Restoration Act and the First Amendment 2. Unlike many other religious organizations that have successfully obtained full relief from this mandate, the USCCB reportedly remains the sole entity denied such comprehensive exemption 2.
The current EEOC chair, Andrea Lucas, has publicly criticized the final rule, but the commission is currently unable to issue new guidelines due to a lack of a necessary quorum 2. This quorum issue means the rule is likely to remain in effect for the foreseeable future 2.
Does religious freedom supersede governmental mandates on healthcare?
The Catholic Church upholds religious freedom as a fundamental human right, rooted in the dignity of the human person . This right includes the freedom to act according to one's conscience in religious matters, both privately and publicly . However, the exercise of religious freedom is not absolute and must be observed "within due limits" and "provided that the just requirements of public order are observed" .
The Church's teaching on religious freedom does not contradict its condemnation of indifferentism or religious relativism; rather, it is based on the ontological dignity of the human person, not on an assumed equality among religions .
When considering governmental mandates on healthcare, the principle of religious freedom must be balanced with the common good and public order . The right to religious freedom, while primary and inalienable, must be exercised responsibly, in accordance with ethical principles, and by respecting equality and justice .
The Church emphasizes that human dignity is respected and the common good fostered when human rights are protected and basic responsibilities are met, including access to healthcare . The right to free expression of religious beliefs protects other rights, but it is also understood within a moral framework rooted in the dignity of the human person .
Therefore, while religious freedom is a profound right that touches the innermost sphere of the spirit and upholds other liberties , its exercise in the context of governmental healthcare mandates would involve a careful discernment of how to balance individual conscience with the just requirements of public order and the common good. The Church recognizes that new threats against religious freedom have acquired global dimensions, posing anthropological, political, and theological questions regarding the common good and peace .