Skip to content
Catholic Online Logo

By Deacon Keith Fournier

2/7/2012 (4 years ago)

Catholic Online (www.catholic.org)

The claim that such an edict is an unjust law is rooted in the western understanding of the very nature of law

The Catholics Bishops of the United States have asked the faithful to pray, fast and engage in Catholic Action. This is in response to the unjust edict demanding that Catholic hospitals and institutions dispense contraceptives (some of which are abortifacients) and offer sterilization under the so called "Affordable Care Act".

Religious Freedom is a fundamental human right

Religious Freedom is a fundamental human right

Highlights

By Deacon Keith Fournier

Catholic Online (www.catholic.org)

2/7/2012 (4 years ago)

Published in U.S.

Keywords: Sebelius, HHS, Mandate, Edict, Catholic resistance, Catholic action, Archbishop Gomex, Archbishop Dolan, contraception, abortifaciants, sterilization, natural law, unjust law, Deacon Keith Fournier


WASHINGTON,DC (Catholic Online) - On Sunday, January 29, 2012, Catholics around the Nation heard from the ambo - or read in their parish bulletins-  individual statements and letters from numerous US Bishops calling them to rise up in prayer, fasting, Catholic Action and resistance. This response has been triggered by what they called in a group letter an unjust edict issued by Kathleen Sebelius, the Secretary of Health and Human Services.

This Edict demanded that Catholic hospitals and institutions dispense contraceptives (some of which are abortifacients) and offer sterilization under the so called "Affordable Care Act". They have been given thirteen months to comply. This is an unjust law in the clearest sense. The Federal government of the United States is trying to force the Catholic Church to violate conscience. Failure to do so will bring punitive measures upon the Church and her instituions.

The claim that such an edict is an unjust law is rooted in the western understanding of the very nature of law. It is the same firm foundation upon which the American founders grounded their insistence that there are inalienable rights, endowed upon us all by a Creator, which cannot be taken away by a civil government. Positive law must reflect the Natural Law or it is unjust.

Saint Augustine said of an unjust law, "For it seems to me that an unjust law is no law at all." Saint Thomas Aquinas explained, "Human law is law only in virtue of its accordance with right reason: and thus it is manifest that it flows from the eternal law. And in so far as it deviates from right reason it is called an unjust law; in such case it is no law at all, but rather a species of violence." In doing so, they echoed Cicero, Aristotle and Plato and the entire Natural Law Tradition.

Martin Luther King, Jr., in his 1963 Letter from a Birmingham Jail, gave a this explanation of how one determines whether a law is unjust, "How does one determine whether 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."

This unjust Edict from Secretary Sebelius came one day after Pope Benedict XVI addressed a group of US Bishops during their ad limina visit. He warned them of the growth of radical secularism in the United States and the accompanying threats to the fundamental Right to Religious Freedom.

In a January 25, 2012 article for the Journal First Things entitled "A Time for Catholic Action and Catholic Voices"  Archbishop Jose Gomez of Los Angeles, commented on Pope Benedict's address:

"Last Thursday in Rome, Pope Benedict XVI delivered a remarkable address to a group of visiting American bishops. He praised America's founders for their commitment to religious liberty and their belief that Judeo-Christian moral teachings are essential to shaping citizens and democratic institutions. The Holy Father warned that our heritage of religious freedom faces "grave threats" from the "radical secularism" of political and cultural opinion leaders who are "increasingly hostile to Christianity."

Archbishop Gomez is one of many heroic Bishops in the United States who have stood up and raised a prophetic voice of resistance. They are being led by Cardinal - designate Timothy Dolan, the President of the United States Conference of Catholic Bishops.

Archbishop Gomez summarized the effects of this Edict, "Last Friday, the day after the Pope's address, our federal government issued a ruling that confirmed his worst fears about our country's anti-religious and anti-Christian drift. The U.S. Department of Health and Human Services announced a final decision to mandate that every U.S. employer must provide health insurance coverage that makes birth control, sterilization, and even abortion-causing drugs available to its employees free of charge.

"The government rejected the U.S. bishops' efforts to negotiate an exemption for faith-based employers-including Catholic hospitals, charities and colleges-that are morally opposed to abortion and contraception. Instead, the government is giving us until August 2013 to obey or suffer the consequences-fines so large they could drive some Catholic employers out of business. It is hard not to see this new mandate as a direct attack on Catholic consciences and the freedom of our Catholic institutions."

"The mandate does not promote any civil liberties and it does not advance any significant public health goals. The government justifies the mandate by arguing that employers who do not provide these services are discriminating against women. But access to free contraception has never been a basic human right. And there is no evidence that birth control has any effect on women's health; pregnancy is not a disease for which "preventive medicine" is required."

"The Health Department justifies denying exemptions to Catholic charities, hospitals, and colleges because it says they are not really "religious" institutions. This may be the most troubling part of this new mandate. In effect, the government is presuming it has the competence and authority to define what religious faith is and how believers should express their faith commitments and relationship to God in society. These are powers our government has never before assumed itself to have.

"In this case, the government is imposing a narrow, radically individualistic idea of religion-defining religion as only worship and moral teaching. As many have noted, under this definition, much of what Jesus Christ did would not qualify as a "religious" ministry. The fact is that everything the Church does is "religious." All our ministries and institutions are motivated by our love for God and our mission to the spread the Gospel. We don't do these things because we are social workers or philanthropists. We do them because we are disciples."

"The Catholic Church is the only visible religious group in American public life that holds consistent beliefs regarding the morality of life issues, including abortion and contraception. And Catholic institutions make a major contribution to our social fabric-healing, educating, and caring for the needs of millions of our fellow citizens, especially the poor. So it is hard to escape the conclusion that the government is singling out the Church with this new mandate."

"But the issues here go far beyond contraception and far beyond the liberties of the Catholic Church. They go to the heart of our national identity and our historic understanding of our democratic form of government. In his address last Thursday, Pope Benedict gave us some prophetic advice for these troubling times:

"Here once more we see the need for an engaged, articulate and well-formed Catholic laity endowed with a strong critical sense vis-ŕ-vis the dominant culture and with the courage to counter a reductive secularism which would delegitimize the Church's participation in public debate about the issues which are determining the future of American society. The preparation of committed lay leaders and the presentation of a convincing articulation of the Christian vision of man and society remain a primary task of the Church in your country; as essential components of the new evangelization, these concerns must shape the vision and goals of catechetical programs at every level."

"There will be much more to say about this in the weeks ahead. But this much is clear at the present moment: Now is a time for Catholic action and for Catholic voices. We need lay leaders to step up to their responsibilities for the Church's mission. Not only to defend our faith and our rights as Catholics, but to be leaders for moral and civic renewal, leaders in helping to shape the values and moral foundations of America's future."

The Archbishop is absolutely correct. It is time for an American Catholic Action led by lay men and women. Catholics in the United States must rise up in a Tide of Resistance to this unjust edict of the Obama Administration. They must act in a manner  which, in the words of the Vatican Congregation for the Doctrine of the Faith, is "morally coherent." 

That poignant phrase, "morally coherent", was used in an instruction released in 2002 entitled a "Doctrinal Note on some questions regarding the Participation of Catholics in Political Life". It was directed to "the Bishops of the Catholic Church and, in a particular way, to Catholic politicians and all lay members of the faithful called to participate in the political life of democratic societies."

The phrase also undergirds the "Compendium of the Social Doctrine of the Church" sections pertaining to the political participation of Catholics. (See, e.g. #565-574): "The social doctrine of the Church is not an intrusion into the government of individual countries. It is a question of the lay Catholic's duty to be morally coherent, found within one's conscience, which is one and indivisible."

"There cannot be two parallel lives in their existence: on the one hand, the so-called 'spiritual life', with its values and demands; and on the other, the so-called 'secular' life, that is, life in a family, at work, in social responsibilities, in the responsibilities of public life and in culture. The branch, engrafted to the vine which is Christ, bears its fruit in every sphere of existence and activity."

"In fact, every area of the lay faithful's lives, as different as they are, enters into the plan of God, who desires that these very areas be the 'places in time' where the love of Christ is revealed and realized for both the glory of the Father and service of others". 

"Living and acting in conformity with one's own conscience on questions of politics is not slavish acceptance of positions alien to politics or some kind of 'confessionalism', but rather the way in which Christians offer their concrete contribution so that, through political life, society will become more just and more consistent with the dignity of the human person."

We are living under what Pope Benedict XVI called a "Dictatorship of Relativism". When there is a wholesale effort to deny the existence of anything objectively true which can be known by all and form the basis of our common life, then there is no real freedom. Instead, we teeter on the brink of anarchy.

The effort to paint all our moral positions as "religious" and attempt to force us to stay behind our Church doors is virulently anti-Christian and unconstitutional.  Our insistence that the Right to Life and the Right to Religious Freedom are rooted in the Natural Law which must inform any truly just positive laws.   

On January 24, 2012, Cardinal- designate Timothy Dolan shared these words in an address at the Fordham Law School, "Natural Law is a concept of objective truth, known by anyone with the power of reason -- a truth not relativized by the specialinterest of religious preference, class, genderor individual bias. "We hold these truths to beself-evident."

He continued, "It is a question of endowments that are intrinsic to us by the very fact of being human. And thus the rights appropriate to us are "inalienable." They cannot be taken away by any state or power or law or choice of individuals.And what specifically cannot be takenaway? Our life, our liberty. No human institution or individual has given us theserights. They have been given by us by God."

This President and his administration espouse a rapidly expanding Secularist State which fails to respect fundamental human rights including the Right to life and the Right to Religious Freedom. A rising Catholic tide of resistance and a New Catholic Action is the proper response to this unjust Edict violating religious freedom.Let it begin.

---


Pope Francis: end world hunger through 'Prayer and Action'


Copyright 2015 - Distributed by THE CALIFORNIA NETWORK

Pope Francis Prayer Intentions for February 2016
Universal:
That prisoners, especially the young, may be able to rebuild lives of dignity.
Evangelization: That married people who are separated may find welcome and support in the Christian community.



Comments


More U.S.

No Catholic or other Christian Should Support the Candidacy of Bernie Sanders Watch

Image of Senator Bernie Sanders, a candidate for the Presidency of the United States of America, denies the fundamental Human Right to Life of children in the womb.

By Deacon Keith Fournier

Legalized abortion on demand is an open rejection of the entire ethic of being our brothers (and sisters) keeper. There can be no enduring lasting solidarity upon which to build a secure future in a culture that kills its own children and calls it a right. No ... continue reading


7 Fun facts about Fat Tuesday and Mardi Gras celebrations Watch

Image of Mardi Gras first became a holiday in 1582.

By Abigail James (CALIFORNIA NETWORK)

Mardi Gras is French for Fat Tuesday; it comes directly before Ash Wednesday. "Mardi Gras is a raucous celebratory affair that serves as a final shebang before the 40-day abstinence of Lent," explains The Huffington Post. LOS ANGELES, CA (Catholic Online) - Amidst all ... continue reading


605,000 undocumented immigrants to receive driver's licenses in California Watch

Image of California driver's licenses do not bestow any federal benefits to the recipient. State sources say the law is intended to make California roadways safer.

By Catholic Online (CALIFORNIA NETWORK)

Thanks to a new California law known as AB60, which took effect on January 2, 2015, the Department of Motor Vehicles, or DMV has handed out 605,000 driver's licenses to undocumented workers. It is estimated that 1.4 million migrants will receive licenses under ... continue reading


Center for Medical Progress releases another Planned Parenthood video despite injunction Watch

Image of Pro-life CMP stands against abortionists NAF (imgsuccess).

By Kenya Sinclair (CALIFORNIA NETWORK)

After ousting illegal actions performed by Planned Parenthood clinics, the Center for Medical Progress (CMP), and its founder Daniel Daleiden, have been ordered to cease further distribution of illegally-obtained Planned Parenthood footage. Unfortunately for the ... continue reading


Huff Po Gestapo, beats down Trump, First Amendment with editorial billy club Watch

Image of Huffington Post has found a way to turn the First Amendment into a billy club for their PC police duties.

By David Drudge (CALIFORNIA NETWORK)

Liberal mouthpiece, The Huffington Post (not to be confused with an actual news organization) is pandering to liberal readers by posting an addendum at the end of every story about Donald Trump. The addendum labels Trump a "racist" and a "serial liar." LOS ANGELES, CA ... continue reading


Lower Your Nets For a Catch! We Are All Called to Evangelize Watch

Image of Lower your nets for a catch

By Deacon Keith Fournier

The New Evangelization is meant to bring about an authentic renewal of the Church so that she can then undertake a new missionary outreach to the whole world. Only a Church fully alive in the Lord and filled with His Spirit can carry out such an evangelical ... continue reading


'Church ladies' finally force phony priest in Los Angeles to authorities Watch

Image of Erwin Mena  was arrested by Los Angeles police for allegedly impersonating a Roman Catholic priest and on suspicion of grand theft (Los Angeles Times).

By Mary Rezac, CNA/EWTN News

For months, Erwin Mena donned vestments, called himself "Padre," and convinced Southern California Catholics that he was a priest, police say. Los Angeles, Calif. (CNA/EWTN News) - He was good at it, too, reportedly. He attended seminary in El Salvador for a time ... continue reading


Patriarch Kirill and Pope Francis to Meet in Cuba in Historic Move of the Holy Spirit Watch

Image of Orthodox Christian Patriarch Kirill and Catholic Christian Pope Francis

By Deacon Keith Fournier

This meeting of the Primates of the Catholic Church and the Russian Orthodox Church, after a long preparation, will be the first in history and will mark an important stage in relations between the two Churches. The Holy See and the Moscow Patriarchate hope that ... continue reading


'Deeply disturbing': ANOTHER Planned Parenthood video has been released by the Center for Medical Progress (Warning: Graphic Content) Watch

Image of Yet another undercover video featuring the horrors of Planned Parenthood's illegal acts has been released (Leda Oreskovich).

By Kenya Sinclair (CALIFORNIA NETWORK)

The Center for Medical Progress (CMP) released another video featuring Planned Parenthood officials casually - and even happily - discussing the revolting practice of murdering infants in the womb then mercilessly cutting them to pieces for profit. Meanwhile, after ... continue reading


Phony priest celebrated masses, funerals and performed marriages - for more than 20 years! Watch

Image of Operating out of St. Ignatius of Loyola in northeastern Los Angeles, Erwin Mena allegedly sold tickets to a pilgrimage to visit New York to see the Pope during his visit to the United States last year (Facebook).

By Catholic Online (CALIFORNIA NETWORK)

He might have talked a good talk and walked a good walk, but authorities finally caught up with fifty-nine-year-old Erwin Mena, who posed as a priest for more than 20 years in Los Angeles. Mena was arrested and will enjoy a lot of time in small rooms - with bars on the ... continue reading


All U.S. News

Newsletters

Newsletter Sign Up icon

Stay up to date with the latest news, information, and special offers

Subscribe to Catholic OnlineYouTube Channel

the FEED
by Catholic Online

Daily Readings

Reading 1, First Kings 8:22-23, 27-30
22 Then, in the presence of the whole assembly of Israel, Solomon stood ... Read More

Psalm, Psalms 84:3, 4, 5, 10, 11
3 Even the sparrow has found a home, the swallow a nest to place its ... Read More

Gospel, Mark 7:1-13
1 The Pharisees and some of the scribes who had come from Jerusalem ... Read More

Saint of the Day

Saint of the Day for February 9th, 2016 Image

St. Apollonia
February 9: St. Apollonia, who died in the year 249, was ... Read More