The administration is on the shakiest of legal ground in attempting to impose contraception, sterilization and abortifacients as â€œpreventive servicesâ€ that must be provided, on demand and with no co-pay, in all health insurance programs. As my friends Edward Whelan and David Rivkin pointed out in the Wall Street Journal on February 15, there is every reason to think that the administrationâ€™s mandate, even as tweaked by the false-flag â€œaccommodation,â€ will fail two legal tests: the test of the First Amendmentâ€™s protection of the free exercise of religion (recently upheld in a robust way by the Supreme Court in a 9-0 decision against the Obama administration), and the test of the Religious Freedom Restoration Act. As this battle unfolds, there is every reason for the bishops and those gathered around them to be confident of success.
But what about the diasporaâ€“those Catholics individuals and organizations that re-embraced the administration as soon as Caesar announced his â€œaccommodationâ€ (or, in the case of Sister Carol Keehan and the Catholic Health Association, helped Caesar trot out his ruse)? These individuals and associations typically think of themselves as â€œliberal Catholics,â€ a self-description proudly trumpeted by one of their spokesmen, Washington Post columnist E.J. Dionne Jr. Therein, I suggest, lie a great reversal and an even greater tragedy.
The most significant contribution to the universal Church of pre-conciliar liberal Catholicism in America was the development of a Catholic theory of religious freedomâ€”which led, in due course, to Vatican IIâ€™s epic Declaration on Religious Freedom, to the post-conciliar Churchâ€™s history-changing defense of human rights, and to the Churchâ€™s crucial role in democratic transitions around the world. This achievement, in which the debates on religious freedom at Vatican II were pivotal, unfolded in close collaboration with the U.S. bishops. It was Cardinal Francis Spellman of New York, for instance, who brought Father John Courtney Murray, S.J., to the Council, where Murray became one of the intellectual architects of the Declaration on Religious Freedom. And it was Murray (now falsely enlisted post-mortem into the pro-Obama camp of the Catholic diaspora) who, with the U.S. bishops and others, worked the Council process so that it became clear to a critical mass of the worldâ€™s bishops that religious freedom was indeed congruent with what Cardinal George called â€œthe Catholic and apostolic faith.â€ [more]