The letter below was sent to President Barack Obama Feb. 10 after the president offered an "accommodation" on the issue of the HHS mandate. The letter was signed by John Garvey, President, The Catholic University of America; Mary Ann Glendon, Learned Hand Professor of Law, Harvard University; Robert P. George, McCormick Professor of Jurisprudence, Princeton University; O. Carter Snead, Professor of Law, University of Notre Dame; Yuval Levin Hertog, Fellow, Ethics and Public Policy Center. Hundreds of scholars have signed the letter and Cardinal Seán P. O'Malley referenced it in his March 2 blog post.
Today the Obama administration has offered what it has styled as an "accommodation" for religious institutions in the dispute over the HHS mandate for coverage (without cost sharing) of abortion-inducing drugs, sterilization, and contraception. The administration will now require that all insurance plans cover ("cost free") these same products and services. Once a religiously-affiliated (or believing individual) employer purchases insurance (as it must, by law), the insurance company will then contact the insured employees to advise them that the terms of the policy include coverage for these objectionable things.
This so-called "accommodation" changes nothing of moral substance and fails to remove the assault on religious liberty and the rights of conscience which gave rise to the controversy. It is certainly no compromise. The reason for the original bipartisan uproar was the administration's insistence that religious employers, be they institutions or individuals, provide insurance that covered services they regard as gravely immoral and unjust. Under the new rule, the government still coerces religious institutions and individuals to purchase insurance policies that include the very same services.
It is no answer to respond that the religious employers are not "paying" for this aspect of the insurance coverage. For one thing, it is unrealistic to suggest that insurance companies will not pass the costs of these additional services on to the purchasers. More importantly, abortion-drugs, sterilizations, and contraceptives are a necessary feature of the policy purchased by the religious institution or believing individual. They will only be made available to those who are insured under such policy, by virtue of the terms of the policy.