The State of California vs. the Catholic Church
Karen
http://www.latimes.com/news/opinion/commentary/la-000015581mar02.story?coll=
la%2Dnews%2Dcomment%2Dopinions
By THOMAS J. CURRY, Thomas J. Curry is auxiliary bishop of the Archdiocese
of Los Angeles in charge of the Santa Barbara region and author of "Farewell
to Christendom: The Future of Church and State in America" (Oxford U
Religious liberty is under attack by the state of California. It is using
the Women's Contraception Equity Act, now before the California Supreme
Court, to justify its attempt to gain control over religion and churches.
The law requires employers who provide prescription drug coverage to include
contraception coverage in their employee health insurance plans. Though it
provides for exemptions for some religious groups, granting these exemptions
would require the government and courts to decide religious matters.
Catholic Charities, which had sued to stop the state from enforcing the 1999
law, argues that the law would force it to violate the teaching of the
Catholic Church. Two lower courts have ruled against the church.
The state says that Catholic Charities, one of the church's main charitable
arms, is a secular rather than a religious organization. While religious
organizations always have been subject to legitimate secular legislation,
for the state to claim that it will define what are religious organizations
represents a new and dangerous claim to power. The state presents an even
bolder argument: that the purpose of Catholic Charities is not to inculcate
"religious values." If accepted, this argument would make the government the
definer of religious teaching and values.
The state also argues that for Catholic Charities to qualify for an
exemption, it must hire mostly Catholics and must limit its outreach for the
most part to Catholics. If the state wins this case, the government will
have the right to define which employees of Catholic Charities are Catholic.
Will courts examine workers' religious beliefs? Will judges or state
officials count baptized Catholics or only practicing Catholics? And who
will determine what constitutes "practicing"? Will poor people seeking help
from Catholic Charities have to produce baptismal certificates as a proof of
eligibility?
The Women's Contraception Act punishes churches whose service to the poor
involves no religious requirement. In attempting to define religion and to
confine it within narrow sectarian boundaries, California is in effect
establishing religion.
The state argues that the law's intent is to promote fairness and the rights
of women. But no right should be advanced by sacrificing one of the most
fundamental and treasured of all our freedoms, that of religious liberty and
the independence of churches.
If California wins this case, it will be empowered to define what is or is
not a religious organization. It will have the authority to determine
religious values and to adjudicate church membership. In that event, not
only will the Catholic Church lose but so will all other churches and so
will the right to religious freedom.
Yes, the Catholic position on contraception is controversial. Yes, many
Californians are opposed to it. It would be tragic, however, if this
opposition is allowed to obscure an attack by the state of California on the
shared American treasure of religious liberty.