Secretary of the Department of Health and Human Services, Kathleen Sebelius, recently refused to exempt religious institutions from regulations requiring employers to provide health insurance that covers sterilization contraceptives and some abortifacients. This will specifically impact Catholic colleges, hospitals and charities. While churches and other houses of worship will be excluded from the rules, the only allowance that will be made to organizations run by religious groups will be giving them until Aug. 2013 to comply with the new standards. 

This delay in enacting the policy appears to be a political ploy to avoid dealing with the controversy. The law seems to allow for exemption for "religious employers," but according to the President of Catholic University, John Garvey, the exemption is worded in a way that would prevent members of Catholic groups from taking advantage of it.  The relevant portion of the legislation proclaims that in order to be exempt, "The inculcation of religious values [must be] the purpose of the organization."  Catholic universities will not be covered by this limited exemption, as they educate their students in topics other than theology. 

"It's too narrow to include St. Ann's Infant & Maternity Home in Hyattsville, which provides care to abused and neglected children and to pregnant adolescents who need help," Harvey said. "Nor does it encompass the Jeanne Jugan Residence for the elderly, which is across the street from our campus and run by Little Sisters of the Poor." 

Without a larger exemption, the government will demolish the First Amendment by forcing Catholic and other religious organizations to violate their religious beliefs. Already, Belmont Abbey College has declared that they would rather close than operate in a manner inconsistent with their principles.  The Washington Post editorial board also believes the Obama administration is erring in their approach to religious exemptions. 

The Post declares, "The federal government will for the first time require all employers to provide insurance coverage for their workers — in other words, to spend their own money to help underwrite this coverage — or, in many cases, to pay a penalty. In this circumstance, requiring a religiously affiliated employer to spend its own money in a way that violates its religious principles does not make an adequate accommodation for those deeply held views." 

Eighteen Catholic universities joined in protesting the legislation, but Fordham declined to participate.  Fordham has a responsibility not only to live up to its Jesuit history but also to encourage its students to recognize miscarriages of justice.  I hope our University will come out in support of recent litigation challenging this unconstitutional measure.