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eNews for Faith-Based Organizations
July 10, 2012
Editor: Stanley Carlson-Thies ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ |
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Contraceptives Mandate Start Date is August 1
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The Supreme Court accepted as constitutional on June 28 the basic framework of the Affordable Care Act, leaving for future court action the determination whether the contraceptives mandate itself is constitutional and legal. (Justice Ginsburg included this striking sentence in her opinion: "A mandate to purchase a particular product would be unconstitutional if, for example, the edict impermissibly abridged the freedom of speech, interfered with the free exercise of religion, or infringed on a liberty interest protected by the Due Process Clause.") That means no delay in the August 1, 2012, start date for the mandate. But it is complicated: the mandate will apply to plan years that start on or after August 1--so its requirements will not kick in for weeks or even months from now for many plans. And there is an exception, an exemption, temporary relief, and a (promised) accommodation: Exception: a health plan that did not include contraceptives coverage and has maintained its grandfathered status is not subject to the mandate until it loses its grandfathered status. Exemption: organizations--churches (or most churches)--that fit a narrow definition of "religious employer" are exempt from the mandate. Temporary relief: Plans that for religious reasons did not include contraceptive coverage as of February 10, 2012, are eligible for a year-long "temporary enforcement safe harbor." (Promised) accommodation: The President has promised an "accommodation" for non-exempt religious organizations. So far, this remains only a promise: the administration has asked for ideas and feedback, but has not proposed any actual regulation. A new regulation may be a year away and the accommodation may not be acceptable to many organizations. In any case, by planning an accommodation for non-church organizations while giving an exemption only to churches, the administration wrongly has created a two-class system of religious organizations--a terrible precedent if it is not overturned. What does it all mean? Decision time: For non-church faith-based organizations whose insurance plans on February 10th of this year did include contraceptives, for whatever reason, the mandate comes into effect as soon as their new plan year begins on or after August 1st. Decision time is visible: For all other faith-based organizations--except for exempt churches--the clock is ticking. Grandfathered status will come to an end as soon as some significant change has to be made to the insurance. The temporary enforcement safe harbor ends in a year What to do? If your organization is not exempt but has a deep objection to including the required contraceptive coverage: (a) consider dropping health insurance (but this may subject you to a penalty); (b) try to buy insurance that does not include the contraceptive coverage (but insurers cannot legally sell it to you); (c) work with a health insurance expert and try to construct a self-insurance plan that does not include contraceptives coverage (but you may be sued for having a non-conforming plan). Beyond those meagre choices, there is legal action (launch or join a lawsuit) and political action (ask Congress for a solution, work so that the November elections result in a solution). And write the HHS Secretary, asking the Administration to change its requirements. Resources: IRFA, "Contraceptives/Abortifacient Mandate, Religious Freedom, & Parachurch Ministries" Gammon & Grange, "'The OTHER Mandate: Compliance, Exemptions, or Civil Disobedience?: HHS Mandated Employer Health Insurance Requirements Begin August 1, 2012," G&G Law Alert (Nonprofit), June 29.
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Just How Costly Are the Tax Exemptions for Religious Organizations?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A mid-June Religion News Service story by Kimberly Winston reported on research by a University of Tampa professor and students on the cost to government of various tax exemptions provided to religious organizations and clergy. The total could be as much as $71 billion a year--certainly a considerable sum. The research was published in Free Inquiry magazine, whose editor, Tom Flynn, said, "The issue of religious tax preferment is especially relevant now because the number of Americans living outside any religious tradition continues to grow. That underscores the unfairness of taxing all Americans to subsidize religious institutions that only some Americans utilize." Here's the rest of the story that needs to be kept in mind when evaluating this kind of complaint: "A comprehensive study in Philadelphia found that some 88 percent of the churches reported providing at least one type of service to the public, with these congregational programs serving an average of 102 persons, of whom thirty-nine were church members and sixty-three were nonmembers. The authors of this study calculated that the annual dollar value of the human services provided by Philadelphia congregations came to some $246,901,440." (Steve Monsma, Pluralism and Freedom: Faith-Based Organizations in a Democratic Society, Rowman and Littlefield, 2012). Note well: that was just one city and it encompassed only congregations, not the wide range of faith-based service organizations.
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"Why So Little Religious Politicking in This Presidential Election?" ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
That's title of a post by Jacques Berlinerblau on the blog of The Chronicle of Higher Education. He notes that the 2008 presidential campaign was full of "Faith and Values" politicking. "It seemed every candidate . . . was invoking God on the stump and seasoning his or her rhetoric with scriptural allusions." But not this year. Why not? Berlinerblau gives a few reasons: Because of the contrast between Mitt Romney's (Mormon) faith and the (evangelical) religion of the GOP base. "Because the Democrats still don't have their faith and values platform in order." And because of the "storm cloud of the Catholic bishops." The bishops have supposedly taken a "hard right turn" by stressing religious liberty and pointing to anti-religious freedom actions by the Obama administration. Maybe. In any case, what's most important is not whether a candidate "invok[es] God on the stump and season[s] his or her rhetoric with scriptural allusions." What's most important is what policies the various candidates will pursue if elected to office. And, in particular, what's important is how the various candidates plan to deal with the increasing heterogeneity of American society. It is tempting to flatten, to push to the margins, all those different institutions and individuals who don't agree with the evolving societal consensus. But that would be a betrayal of the Constitution and a weakening of our society, which counts on faith-based services and professionals and citizens who have deeply rooted convictions. Rather than hearing about a favorite verse of President Obama or candidate Romney, the voters deserve to know how each plans to preserve religious freedom in the face of increasing pressures to entrench in law views and actions that conflict with historic religious traditions.
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Peter Singer's Cramped View of Religious Freedom
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"What are the proper limits of religious freedom?" Peter Singer recently asked. Singer is the controversial Princeton professor of bioethics. Well, he says, it is a violation of religious freedom to prohibit people from practicing their religion. But if some action is not actually commanded by the religion, then it is no violation of religious freedom for the government to ban that action. How does this work in practice? Taking up a very current issue, Singer says that, notwithstanding the claims of the Catholic bishops, the contraceptives mandate does not violate the religion of Catholics. For the mandate "does not prevent Catholics from practicing their religion." After all, "Catholicism does not oblige its adherents to run hospitals and universities." It must be merest coincidence that hospitals and universities have Catholic origins centuries ago. Singer seems to think that religion has to do only with worship and ritual, rather than being a comprehensive orientation to life, carried out in parachurch organizations as well as in churches, carried out in secular places as well as religious institutions. Tomas Bogardus comments that Singer's skewed view of religious freedom leads right to absurd results like this: "[S]uppose we pass a law requiring all churches to be burned to the ground. If Singer is right, this doesn't infringe upon religious freedom in the slightest since there's no requirement in Christianity to worship in any buildings at all . . . ." Something must be off kilter to end up with such a result. My guess is that Singer has got it wrong. He wants us to ignore--the better to suppress--most of what religion actually is and does.
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Notable Quotes ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~* Democrats for Life, Comment on the ANPRM concerning an "accommodation" for non-exempted religious organizations: "[T]he current cramped definition of an exempted 'religious employer' . . . . The definition, unprecedented in federal law in its narrowness, fails to give equal respect to the activities of service, mercy, and justice that lie at the core of religious practice for many faiths. President Obama has spoken eloquently of the 'millions of Americans who share [this] view of their faith, who feel they have an obligation to help others. . . [W]hile these groups are often make up of folks who've come together a round a common faith, they're usually working to help people of all faiths or of no faith at all.' But remarkably, under the HHS 'religious employer' definition, these very acts of service to non-adherents that the President commended are the basis for denying an organization exemption as a 'religious employer.' "In its March 2012 advance notice (the ANPRM), the HHS proposed to retain this deeply objectionable definition while extending a more limited accommodation to a broader category of 'religious organizations.' But even assuming that a limited accom-modation could be developed that protected organizations' claims of conscience, it would still be wrong and dangerous to insert the narrow definition into federal law. . . . "The two-tier approach, with its minimal definition of 'religious employer,' should be scrapped and replaced with a unitary test that reflects the fact that works of service and mercy to those in need lie at the core of religious exercise." * Union of Orthodox Jewish Congregations of America, Comment on the ANPRM: "[W]e are troubled by a regulation that creates an exemption only for religious org- anizations that are 'religious enough' or that act in a government-approved way. . . . "Having the government pick favorites among religious groups is of the utmost concern to the Orthodox Union. Whether a religious organization operates a house of worship for fellow practitioners, or serves the wider community (such as by operating homeless shelters, schools, health care facilities, or soup kitchens), or does something else again, should make no difference. Each is entitled to the same quantum of religious liberty. . . . "Our laws may not recognize one religious belief as correct and another as heresy. Nor may they favor some religious organizations over others. The quantum of religious freedom a group enjoys may not depend on whether the government approves of the group's activities or level of 'religiousness.'"
* "Free Exercise of Religion: Putting Beliefs into Practice. An Open Letter from Religious Leaders in the United States to All Americans" (June 21, 2012): "That we share an opposition to the mandate to religious institutions while disagreeing about specific moral teachings is a crucial fact. Religious freedom is the principle on which we stand. Because of differing understandings of moral and religious authority, people of good will can and often do come to different conclusions about moral questions. Yet, even we who hold differing convictions on specific moral issues are united in the conviction that no religious institution should be penalized for refusing to go against its beliefs. The issue is the First Amendment, not specific moral teachings or specific products or services.
"The HHS mandate implicitly acknowledged that an incursion into religion is involved in the mandate. However, the narrowness of the proposed exemption is revealing for it applies only to religious organizations that serve or support their own members. In so doing, the government is establishing favored and disfavored religious organizations: a privatized religious organization that serves only itself is exempted from regulation, while one that believes it should also serve the public beyond its membership is denied a religious exemption. The so-called accommodation and the subsequent Advance Notice of Proposed Rulemaking (ANPRM) do little or nothing to alleviate the problem. "No government should tell religious organizations either what to believe or how to put their beliefs into practice. We indeed hold this to be an unalienable, constitutional right. If freedom of religion is a constitutional value to be protected, then institutions developed by religious groups to implement their core beliefs in education, in care for the sick or suffering, and in other tasks must also be protected. Only by doing so can the free exercise of religion have any meaning."
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Worth Reading ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~" Defending the Charitable Deduction," Reid and Riege, P.C., Nonprofit Organization Report, Spring 2012. H.T. to the Alliance for Charitable Reform blog One quote: "We believe it is misguided to target the charitable deduction because both governmental and charitable revenue must be used for a public purpose or benefit. Accordingly, we submit that the underlying policy question is who should control the expenditure of monies which must be so used: donors and the governing boards of the charities to which they choose to make contributions, or elected officials and the administrative agencies which operate under their purview."
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Keep the eNews for Faith-Based Organizations and IRFA afloat! IRFA depends in large part on donations from people like you, who care about faith-based services and about religious freedom. Will you come to the aid of IRFA in this season of giving? Thank you very much.
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Join IRFA
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Faith-based organizations and associations of faith-based organizations can now support IRFA and institutional religious freedom by signing up for an annual membership. Organizations and individuals engaged in supportive work (leading, consulting with, or defending faith-based organizations, for example) can join as associate members.
For details and forms, go to: http://irfalliance.org/membership.html
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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ For further information: e-mail: info@IRFAlliance.org website: www.IRFAlliance.org
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| What is IRFA?
The Institutional Religious Freedom Alliance works to safeguard the religious identity, faith-based standards and practices, and faith-shaped services of faith-based organizations across the range of service sectors and religions, enabling them to make their distinctive and best contributions to the common good.
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