Mary Ann Glendon: Why the Bishops Are Suing the U.S. Government

The main goal of the contraception mandate is not to protect women's health. It is a move to conscript religious organizations into a political agenda.
May 21, 2012

This week Catholic bishops are heading to federal courts across the country to defend religious liberty. On Monday they filed 12 lawsuits on behalf of a diverse group of 43 Catholic entities that are challenging the Department of Health and Human Services' (HHS) sterilization, abortifacient and birth-control insurance mandate.

Like most Americans, the bishops have long taken for granted the religious freedom that has enabled this nation's diverse religions to flourish in relative harmony. But over the past year they have become increasingly concerned about the erosion of conscience protections for church-related individuals and institutions. Their top-rated program for assistance to human trafficking victims was denied funding for refusing to provide "the full range of reproductive services," including abortion. For a time, Catholic Relief Services faced a similar threat to its international relief programs. The bishops fear religious liberty is becoming a second-class right.

Along with leaders of other faiths who have conscientious objections to all or part of the mandate, they hoped to persuade the government to bring its regulations into line with the First Amendment, and with federal laws such as the Religious Freedom Restoration Act that provide exemptions to protect the conscience rights of religious institutions and individuals.

On Jan. 20, however, HHS announced it would not revise the mandate or expand its tight exemption, which covers only religious organizations that mainly hire and serve their co-religionists. Instead, the mandated coverage will continue to apply to hospitals, schools and social service providers run by groups whose religious beliefs require them to serve everyone in need. the rest