As a Connecticut Catholic myself, I feel marginally qualified to comment on this item. AP reports:
Connecticut’s Roman Catholic bishops have changed course and agreed to administer emergency contraception to all rape victims at Catholic hospitals just days before a new state law requiring them to do so takes effect.
The church, which runs four of the state’s 31 hospitals, has been fighting the law for the past two years, arguing that legislators were forcing medical personnel to violate their religious beliefs and perform chemical abortions by providing emergency contraception, sold as Plan B, to women who are ovulating.
This was the biggest controversy in Connecticut for the last two years. Emotions ran very high on both sides. The bill in question (legislative summary / text), which goes into effect on Monday, Oct. 1, mandates that healthcare facilities providing assistance to victims of sexual assault make “emergency contraception” available to them. The bishops wanted to be dispensed from said obligation if tests showed the woman was pregnant or ovulating. Catholic teaching allows for postcoital contraception in the event of a rape, but obviously abortion is always strictly prohibited. Problem is, depending on when they are administered, emergency contraceptive pills can work by (1) preventing ovulation, (2) preventing fertilization of an ovum by sperm, or (3) preventing an already-fertilized ovum (i.e., a conceived human embryo) from implanting on the uterine wall, causing, essentially, a chemical abortion. So the bishops wanted a provision in the bill dispensing hospitals from the obligation to provide emergency contraception if tests could show that the woman was pregnant or had ovulated. I’m not clear about why this was a step too far for proponents of the bill.
In any case, state legislators vented frustration that the bishops were unwilling to compromise, which is understandable since their right (and moral/religious obligation) not to perform abortions was at stake. So the state legislature passed a bill dispensing hospitals from the obligation to provide emergency contraception if an FDA-approved pregnancy test came back positive, but prohibited the use of an ovulation test. My understanding is that a pregnancy test may not come back positive for at least some time after conception, and an ovulation test would help add precision to the determination of whether fertilization has occurred. But legislators at least made some attempt, albeit inadequate, to address the bishops’ concerns, which they understood as grave and sincere. The liberal Republican governor signed the bill, and it goes into effect on Monday.
Now the bishops have released a statement, suddenly declaring that an ovulation test is not, strictly speaking, morally necessary, that a pregnancy test suffices, and that they will comply with the law. (There was speculation that they would challenge the constitutionality of the law.) They also add some confusing dicta about how neither the science nor the theology surrounding this issue are settled — which sounds like nonsense to me. Thomas Peters at American Papist, and Jeff Miller at Curt Jester, have rightly raised some well-founded objections to the statement. Basically, the bishops are saying: since it is not an intrinsically evil act (i.e., a necessarily evil act) to administer postcoital contraception to rape victims without an ovulation test, therefore we can do just that in all cases.
But the premise here was true all along, so why all of a sudden do the bishops draw this new conclusion? The moral issue here turns on prudence: it is irresponsible and imprudent to give a pill that can cause an abortion to a woman who is possibly pregnant. Is it intrinsically evil–i.e., always and everywhere, in any circumstance, evil–to drive over a bump in the road when you’re pretty sure, but not positive, that it isn’t a person lying there? I suppose not, but to do so without moral certainty that there is no person in the road is surely imprudent and negligent at best. That is basically the same moral situation into which the law forces hospitals, and that is the situation to which the bishops–until now–have objected.
To spend two years fighting this bill only to publicly about-face and embrace it is a major embarassment for the dioceses of Connecticut and undermines the credibility of every argument they made against the bill, and of every person who argued against it on their behalf. Even if the bishops planned on caving in and following the law, why did they have to announce anything? Everybody knew they had already lost the legislative battle, so the presumption is that they have to follow the law, however grudgingly. Instead, they opted for an entirely unnecessary, bold, and public reversal of position. They essentially declare: “It doesn’t really matter that we lost, because the bill is acceptable anyway.” What!? The bishops have pulled the rug out from underneath every faithful Catholic who went to bat for them–writing letters-to-the-editor, lobbying their state representatives, defending the Church to friends and colleagues–over the course of this controversy.
And now I arrive at the real point of this post. The Catholic Church is the most politically inept major institution in the United States. That is the deeper scandal underlying this current one, and that is what the Catholic blogosphere should be talking about. For its size, the American Church should be far more influential and politically powerful than it actually is. The Church, time and again, refuses to leverage the influence that it could. From the political incompetence in this case, to the impotence of the Archdiocese of Boston in fighting against mandated gay adoptions, to the eagerness of Catholic colleges to invite anti-Catholic politicians to campus, to the U.S.C.C.B. sticking its nose into issues that aren’t its business, it is abundantly clear that the ecclesiastical hierarchy in the United States hasn’t a clue about how to engage political authority, or even how to flex its own substantial political muscle. The result is that politicans walk all over the Catholic Church without consequence, and we are left to watch our religious freedom gradually erode at the hands of ever-expanding government regulation and bureaucracy.
There was a time in history when social services were the exclusive domain of the Church, which established schools, universities, hospitals, clinics, orphanages, and homeless shelters all without government mandates or assistance. It served the poor and “the least” of society in obedience to a command from our Lord to love and serve Him in our neighbors. The Church remains the largest provider of social services in the United States except the government, and yet contemporary liberal ideology seems to have sent governments on a quest to monopolize social services and push the Church out. When will the Church stand its ground?
The late John Cardinal O’Connor knew how to play political hardball. What would happen, for example, if the Connecticut Catholic hospitals simply refused, in spite of the law, to dispense Plan B without first performing an ovulation test? Would the state of Connecticut shut down those hospitals — which are critical to health care in Connecticut’s four largest urban centers? In any case, to suddenly about-face after two years of uncompromising insistence that this law would force Catholic hospitals to violate their religious beliefs undermines the Church’s credibility, and makes the bishops look fickle and insincere. It is past time for the U.S. bishops to get smart about politics, and the lay faithful must demand that they do. Per Matthew 10:16:
Behold, I send you out as sheep in the midst of wolves; so be wise as serpents and innocent as doves.
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