Conscience protection regulation: Bush's last attack?

April 8, 2:00 AMLA Catholic ExaminerRamon J. Posada

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For the last month individuals have been invited by the White House to express their opinion on the possible repealing of the conscience protection regulation signed into place by President Bush right before he left office.

President’s Obama possible repeal of the regulation has led to heated debate. One group that has been petitioning the White House not to repeal the regulation is the United States Catholic Conference of Bishops. However, not all Catholics seem to be on board with the bishops. For these Catholics, Bush’s eleventh-hour signing of the conscience protection clause was more a political strategy, one aimed to cause distance between Obama and many of the Catholics who supported him in the last election, than a piece of legislation geared to protect the civil rights of heath care providers. Secondly, they also believe that the bishops have somehow, now fallen into the trap set by Bush and his party, and so should not voice their opposition to the possible repeal of the regulation.

First, I do not believe that the bishops have been duped by the previous administration. A quick read of the statements found on the USCCB site shows that the bishops have been concerned, reflecting, speaking and being a force for this type of regulation since at least the year 2000 (http://www.usccd.org/prolife/AMAstatement_6-12-2000.pdf). In a letter to HHS in September 2008, the bishops gave their rational as to why they believe the regulation was necessary, and even provide specific suggestions on what should be, or not be in the regulation (http://www.usccb.org/ogc/pl-hhs-conscience2.pdf). It is especially interesting to me their rationale for the regulation-That even though there are legislations in place to protect the right of health care providers, there have been attempts to undermine such legislation at state levels and by particular organizations. It seems that the bishop’s concern are not political in character, but more oriented toward safeguarding the freedom of conscience of individuals, and of a Catholic health care institutions which are attempting to act as federal law already defines. However these laws seem to be either attacked or improperly enforced. Their concern is not to separate themselves from the Obama Administration but to assure that the right of individuals to follow their well-formed conscience, and that Catholic hospitals have the freedom to function without having to go against their core moral practices be not threaten.

Secondly, even if the Bush administration be so clever as to create such a trap, I do not believe this alone is a sufficient reason for us to repeal the regulation. I cannot think of any value question or any Catholic Social principles which has not been used, in whatever form by a candidate and/or a political party for their own political gain. The issues of conscience protection, like immigration reform, formulation of budgets that serves the need of the poor, support for the rights of workers, the seeking of sustainable environmental energy policies, green jobs formation, and health care reform are issues which though dear to Catholics, have not been exempt from being used by one political side or the other to out-campaign each other. This is the reality of dealing with politicians, but it should not be one which detracts from involvement of believers in the political life of the society.

The challenge for Catholics is to look at the issues themselves; to weigh their merit in the light of the Gospel, the communal Catholic experience, and the ethical social justice principles of the tradition. It is from this perspective that a genuine, well grounded and new voice can be added to the political conversation of our nation. I do not believe that one candidate, or party can capture the fullness, and ethical complexity of Catholic social principles, or that people of faith are to be protective or loyal to one or other candidate or party. I believe that Catholic Social principles are in their character, free from party politics and as such the Catholic faithful can become a genuine independent, political voice that can contribute to the life of the community.

I do believe that the conscience protection regulation or similar type legislations have merit. Issues of conscience such as this one are harmonious with the Catholic belief that all human beings have a right and moral obligation to follow their well-formed conscience (Catechism of the Catholic Church par. 1782, 1849). I believe that such a fundamental moral principle is harmonious with the civil liberties treasured by our nation and as such needs to be safeguarded. The repealing of the regulation is a step in the other direction. To not permit health care providers, individual who are well educated professionals who have dedicated their life to the service of others and to the saving of lives, sets a negative president. Weakening a health care provider’s ability to do what she thinks is professionally morally correct is to endanger the civil right of every individual in our nation.