COMMENTARY
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| REP. MIKE KELLY |
HHS VIOLATES RELIGIOUS RIGHTS TO PROMOTE ABORTION
Jan. 26, 2012 – The Obama Administration is continuing its assault on religious freedom in the U.S. The Dept. of
Health and Human Services (HHS) has refused to renew a grant to the United States Conference of Catholic Bishops
(USCCB) for aiding human trafficking victims because the Catholic group does not refer or pay for victims’ abortions,
contraception or sterilization, due to their religious beliefs. HHS instead gave the grant to a group which scored 20
points lower than the USCCB by internal HHS reviewers.
Jan. 26, 2012 – The Obama Administration is continuing its assault on religious freedom in the U.S. The Dept. of
Health and Human Services (HHS) has refused to renew a grant to the United States Conference of Catholic Bishops
(USCCB) for aiding human trafficking victims because the Catholic group does not refer or pay for victims’ abortions,
contraception or sterilization, due to their religious beliefs. HHS instead gave the grant to a group which scored 20
points lower than the USCCB by internal HHS reviewers.
In December, the House Committee on Oversight and Government Reform held
hearings on the grant denial. The hearings revealed that the USCCB successfully
administered the grant for five years. But in October 2011, when it came time to
renew the contract, HHS stated it would give “strong preference” to grantees who
refer and pay for “the full range of legally permissible gynecological and obstetric
care.” That “full range” now included abortion, contraception and sterilization.
Committee member Rep. Chris Smith (R-NJ), author of the Trafficking Victims
Protection Act which authorizes the grants, called the denial “pernicious pro-abortion
favoritism.”
Smith is exactly right. This is not the first time the Obama Administration has
hearings on the grant denial. The hearings revealed that the USCCB successfully
administered the grant for five years. But in October 2011, when it came time to
renew the contract, HHS stated it would give “strong preference” to grantees who
refer and pay for “the full range of legally permissible gynecological and obstetric
care.” That “full range” now included abortion, contraception and sterilization.
Committee member Rep. Chris Smith (R-NJ), author of the Trafficking Victims
Protection Act which authorizes the grants, called the denial “pernicious pro-abortion
favoritism.”
Smith is exactly right. This is not the first time the Obama Administration has
pushed abortion and contraception at the expense of a religious organization’s freedom to be faithful to its beliefs.
HHS issued a rule in August, 2011, requiring that all group health insurance plans provide women with free
contraceptives, including abortifacients, forcing Catholic colleges and other religious organizations to pay for practices
they consider gravely immoral.
The USCCB has made it clear it is ready to pay for all other services – nearly 200 of them according to
committee chairman Rep. Darrell Issa (R-CA). The USCCB noted in a statement that these include, among
others, treatment for sexually transmitted infections, gynecological and obstetric care, exams, tests, screenings
and pre-natal services, and non-directive health-related counseling. The organization also paid and arranged for
victims to receive food, housing, mental health services, legal services, and general medical care.
A spokeswoman for committee member Rep. Mike Kelly (R-PA) said that he – and the committee – believe
HHS has violated “the spirit, if not the letter” of laws protecting health providers from being forced to perform
or participate in abortions and from being discriminated against for not doing so. That would be par for the
Administration’s course since it has violated the law and the U.S. Constitution in so many other instances.
Kelly’s spokeswoman said the committee believes HHS has violated Presidential Executive Order 13279, as
amended by President Obama. This order (1) protects organizations from discrimination on the basis of religion in
the administration of Federal financial assistance under social service programs; (2) requires that Federal programs
comply with the Free Exercise Clause of the First Amendment to the Constitution; and (3) says “faith-based
organizations should be eligible to . . . participate fully in the social service programs supported with Federal financial
assistance without impairing their independence, autonomy, expression outside the programs in question, or religious
character.”
In addition to being a violation of the law, and of the Administration’s own executive order, there is no demonstrated
need to require that abortion, contraception and sterilization be provided to human trafficking victims. Supporters of
the policy tried to show such a need and failed. Rep. Elijah Cummings (D-MD) promised to produce witnesses who
would testify to the need for “reproductive services.” But when two human trafficking service providers appeared,
they provided no evidence or testimony that in any way showed that human trafficking victims need abortions,
contraception or sterilization. When one of Cummings’ witnesses strongly suggested that a particular victim who was
in pain and seriously injured would not have received necessary medical care from the USCCB, Issa questioned
them on this issue. Both witnesses reluctantly acknowledged that, in fact, the USCCB would have provided that
victim the medical care she needed.
Issa has said that HHS should find a way to allow the USCCB to administer the grant while remaining faithful
to their religious beliefs. That isn’t hard to do. Issa noted that the USCCB provided for 197 of 200 medical
procedures that HHS requires. Patients wanting abortions, sterilization or contraception can obtain those
services elsewhere.
Abortion is reasonably considered by many as the murder of a living baby. Supporting abortion is an extreme
violation of many people’s consciences and strongly held religious beliefs. In violation of the President’s order, the
Administration is promoting abortion and contraception to the point of violating Federal statutes.
Congress should enact legislation that mirrors the President’s order and forces him to obey it. Also, victims of
religious discrimination should be accorded the right to sue.
HHS issued a rule in August, 2011, requiring that all group health insurance plans provide women with free
contraceptives, including abortifacients, forcing Catholic colleges and other religious organizations to pay for practices
they consider gravely immoral.
The USCCB has made it clear it is ready to pay for all other services – nearly 200 of them according to
committee chairman Rep. Darrell Issa (R-CA). The USCCB noted in a statement that these include, among
others, treatment for sexually transmitted infections, gynecological and obstetric care, exams, tests, screenings
and pre-natal services, and non-directive health-related counseling. The organization also paid and arranged for
victims to receive food, housing, mental health services, legal services, and general medical care.
A spokeswoman for committee member Rep. Mike Kelly (R-PA) said that he – and the committee – believe
HHS has violated “the spirit, if not the letter” of laws protecting health providers from being forced to perform
or participate in abortions and from being discriminated against for not doing so. That would be par for the
Administration’s course since it has violated the law and the U.S. Constitution in so many other instances.
Kelly’s spokeswoman said the committee believes HHS has violated Presidential Executive Order 13279, as
amended by President Obama. This order (1) protects organizations from discrimination on the basis of religion in
the administration of Federal financial assistance under social service programs; (2) requires that Federal programs
comply with the Free Exercise Clause of the First Amendment to the Constitution; and (3) says “faith-based
organizations should be eligible to . . . participate fully in the social service programs supported with Federal financial
assistance without impairing their independence, autonomy, expression outside the programs in question, or religious
character.”
In addition to being a violation of the law, and of the Administration’s own executive order, there is no demonstrated
need to require that abortion, contraception and sterilization be provided to human trafficking victims. Supporters of
the policy tried to show such a need and failed. Rep. Elijah Cummings (D-MD) promised to produce witnesses who
would testify to the need for “reproductive services.” But when two human trafficking service providers appeared,
they provided no evidence or testimony that in any way showed that human trafficking victims need abortions,
contraception or sterilization. When one of Cummings’ witnesses strongly suggested that a particular victim who was
in pain and seriously injured would not have received necessary medical care from the USCCB, Issa questioned
them on this issue. Both witnesses reluctantly acknowledged that, in fact, the USCCB would have provided that
victim the medical care she needed.
Issa has said that HHS should find a way to allow the USCCB to administer the grant while remaining faithful
to their religious beliefs. That isn’t hard to do. Issa noted that the USCCB provided for 197 of 200 medical
procedures that HHS requires. Patients wanting abortions, sterilization or contraception can obtain those
services elsewhere.
Abortion is reasonably considered by many as the murder of a living baby. Supporting abortion is an extreme
violation of many people’s consciences and strongly held religious beliefs. In violation of the President’s order, the
Administration is promoting abortion and contraception to the point of violating Federal statutes.
Congress should enact legislation that mirrors the President’s order and forces him to obey it. Also, victims of
religious discrimination should be accorded the right to sue.
NO SPECIAL SESSION FOR SCHOOL FINANCE
By Peggy Venable
Senate Finance Chairman Steve Ogden, who is not running for re-election, has hinted at a special session to address
school funding.
Under no circumstances can a special session be in Texans’ best interest.
Legislative decisions should not be made by a lame duck legislature lead by self-proclaimed conservatives who are willing
to be the sacrificial lambs to do the “dirty work” of finding more money for Texas schools.
Schools don’t need more money. They need fewer administrators, less interference, more of their existing dollars spent in
the classroom. And parents need choices.
School funding has far exceeded the increase in student population and inflation, not only in Texas but across the country.
Among the top industrialized nations, only one spends more than the US on education. Yet among those same countries,
the US is at or near the bottom of student performance.
It is no longer acceptable for kids to be assigned to government schools based on their zip code and their parents’ income.
Legislators should not be reacting to school districts using our own tax dollars to sue us for more of our tax dollars.
It is time we challenge the state’s constitutional requirement that schools be efficient. No one can claim they are.
And government schools won’t change. They’ve been rearranging the deck chairs and requiring more funding to produce
lackluster student performance, claiming more money is the answer. It is not. The answer is for parents to have the
freedom to choose their children’s schools.
Texans should say “no thanks” to a special session unless the legislature is ready to change school finance to provide an
opportunity for the dollars to follow the child to the school where the parents believe their kid has the greatest opportunity
to learn.
Peggy Venable is Texas director of Americans for Prosperity.
By Peggy Venable
Senate Finance Chairman Steve Ogden, who is not running for re-election, has hinted at a special session to address
school funding.
Under no circumstances can a special session be in Texans’ best interest.
Legislative decisions should not be made by a lame duck legislature lead by self-proclaimed conservatives who are willing
to be the sacrificial lambs to do the “dirty work” of finding more money for Texas schools.
Schools don’t need more money. They need fewer administrators, less interference, more of their existing dollars spent in
the classroom. And parents need choices.
School funding has far exceeded the increase in student population and inflation, not only in Texas but across the country.
Among the top industrialized nations, only one spends more than the US on education. Yet among those same countries,
the US is at or near the bottom of student performance.
It is no longer acceptable for kids to be assigned to government schools based on their zip code and their parents’ income.
Legislators should not be reacting to school districts using our own tax dollars to sue us for more of our tax dollars.
It is time we challenge the state’s constitutional requirement that schools be efficient. No one can claim they are.
And government schools won’t change. They’ve been rearranging the deck chairs and requiring more funding to produce
lackluster student performance, claiming more money is the answer. It is not. The answer is for parents to have the
freedom to choose their children’s schools.
Texans should say “no thanks” to a special session unless the legislature is ready to change school finance to provide an
opportunity for the dollars to follow the child to the school where the parents believe their kid has the greatest opportunity
to learn.
Peggy Venable is Texas director of Americans for Prosperity.