Obama to Little Sisters: It’s just a piece of paper

Administration 'blind to religious exercise issue,' say lawyers

Karna Swanson

When the Obama administration refuted on Friday the temporary injunction granted to the Little Sisters of the Poor protecting them from the controversial Health and Human Services contraceptive mandate, the sisters couldn’t be reached for comment. They were at Mass, praying with the elderly residents of their home in Denver.

Within hours, dozens of news stories appeared online that put the sisters at the center of a contentious national debate on what constitutes strong-arming a religious congregation to provide contraceptives and other abortion-inducing drugs to its employees.

The sticking point for both sides is a waiver/authorization form that the Little Sisters must fill out to take advantage of a so-called accommodation for non-profit ministries. The form, however, has a dual purpose—it signals opposition to the mandate, but also authorizes a third-party to provide the services it finds morally objectionable.

“The Little Sisters and other applicants cannot execute the form because they cannot deputize a third party to sin on their behalf,” stated the Becket Fund, which represents the Little Sisters, in a brief responding to the Obama administration. The group added that the administration is “simply blind to the religious exercise at issue.”

The Obama administration minimalized the importance of the form, enticing the Little Sisters to “secure for themselves the relief they seek” …“with the stroke of their own pen.”

Mark Rienzi, senior counsel for the Becket Fund who filed the lawsuit on behalf of the nuns, said in a statement Friday that the administration was “trying to bully nuns into violating their religious beliefs.”

If the sisters don’t sign the waiver/authorization form, or if the courts don’t uphold the injunction, they could be subject to devastating IRS penalties that could add up to millions of dollars a year.

After checking back later with the sisters, who run Mullen Home for the Aged in Denver, Mother Patricia Mary stated, “At this point we are not saying anything. We are just kind of waiting … and continuing to work with the elderly.”

The Little Sisters of the Poor have served the elderly poor in Colorado since 1917, and the congregation has been in the United States since 1868. They currently run 30 homes for the elderly across the country, and one in Canada, which are characterized by hospitality and a dependence on Divine Providence.

The mission of the Little Sisters began in 1839 when their foundress, Saint Jeanne Jugan, invited a blind, paralyzed old woman into her home, and cared for her. From that day onward, the Little Sisters have offered “the neediest elderly of every race and religion a home where they will be welcomed as Christ, cared for as family, and accompanied with dignity until God calls them to himself.”

Following in the footsteps of Jugan, two Little Sisters go begging daily for basic necessities on behalf of the elderly. This was a practice that Jugan began in the early years of the congregation, thus saving the residents the indignity of having to beg for themselves.

In an interview last fall with Kathryn Jean Lopez of National Review Online, Sister Constance Veit, communications director for the Little Sisters of the Poor, stated quite clearly that the sisters simply want “to take care of the elderly poor without being forced to violate the faith that animates our work.”

For more than 100 years, the Little Sisters have been able to do just that here in the United States. The contraceptive mandate, however, puts the ability of the Little Sisters to continue their mission and work in jeopardy.

“All of this is sad and unnecessary,” said Rienzi. “Our federal government is massive and powerful. It can obviously find ways to distribute contraceptives and abortion pills without forcing nuns to be involved.”

Preliminary injunctions had been awarded in 18 of the 20 similar cases in which relief had been requested.

Supreme Court Justice Sonia Sotomayor, who is the justice assigned for emergency applications from the 10th Circuit Court of Appeals, gave the Little Sisters a temporary injunction Dec. 31, and gave the federal government until Jan. 3 to respond.

After the Obama administration’s request that the injunction be lifted, the Becket Fund for Religious Liberty urged Sotomayor to keep the injunction in place as it protects “religious exercise.”

Currently, there are 91 lawsuits challenging the HHS mandate. The Becket Fund represents: Hobby Lobby, Little Sisters of the Poor, Guidestone, Wheaton College, East Texas Baptist University, Houston Baptist University, Colorado Christian University, the Eternal Word Television Network, Ave Maria University, and Belmont Abbey College.

COMING UP: 500 years later, who was Luther?

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Hero, villain, heretic, saint, reformer, corrupter, man of integrity, bombastic glutton. Which image of Luther should we believe? Because Luther primarily sought not to reform abuses in the Church but to reform the Church’s beliefs, Catholics cannot recognize him as a true reformer or a holy man. Nonetheless, it is widely agreed that Luther played a major role in shaping the modern world. With the 500th anniversary of the beginning of the Protestant movement he initiated approaching on October 31st, we have been given a number of new books to assess his legacy.

Paul Hacker, Luther’s Faith: Martin Luther and the Origin of Anthropocentric Religion, preface by Pope Benedict XVI (Emmaus, 2017).

Hacker’s book provides an in-depth, theological analysis of the issue that stands at the heart of the Reformation: Luther’s teaching on salvation by faith alone. Pope Benedict’s preface tells us that the Reformation dispute fundamentally concerned Luther’s “turning away from the center of the Gospel” (xxii). Emmaus released a new edition of Hacker’s book for the anniversary this year. It was published originally in 1970 (in English translation), the fruit of Hacker’s own intense study of Luther’s teaching on faith that led him into the Catholic Church from German Lutheranism.

Catholics agree with Protestants that salvation comes only through faith. The key issue of dispute, which Hacker reveals, is Luther’s subjective emphasis of absolute, personal certainty, which cannot be undermined even by serious sin. Hacker describes Luther’s faith as reflexive, that is turned back on oneself, by emphasizing subjective experience and personal surety more than anything else. He describes how Luther differs from the Catholic position: “Faith is the way to, or the perquisite of, salvation, but Luther makes it coincide with salvation itself. This becomes possible because he has first identified salvation with the consciousness of being saved or the certitude of salvation, and then he equates this consciousness with faith” (71). Hacker shows us how this view of faith negated the Church’s authority, the sacraments, and even the need to love God.

Brad Gregory, Rebel in the Ranks: Martin Luther, the Reformation, and the Conflicts that Continue to Shape Our World (HarperOne, 2017).

For those looking for a more general and accessible book, Brad Gregory gives us a broader narrative of how Luther’s troubled conscience exploded into the crisis that tore Christendom in two. The first section looks at Luther’s own story, tracing step by step his conflict with Church authority. The second section explains how Luther’s teaching spawned a multitude of new sects and divisions, all interpreting the Bible in their own fashion. Greggory explains: “What the early Reformation shows so clearly is that scripture and the Spirt can be interpreted and applied in radically divergent ways. Once the papacy and the Catholic Church are thrown off, there are no shared authorities to adjudicate disagreements” (137). The final section looks at how the Reformation set the tone for the development of a secular culture. Though not intending these consequences, Gregory argues that the Protestant Reformers “led indirectly to a profound diminishing of Christianity’s public influence in Western societies. The religious disagreements and conflicts that followed the Reformation set the stage for religion’s eventual separation from the rest of life” (2).

Eric Metaxas, Martin Luther: The Man Who Rediscovered God and Changed the World (Viking, 2017).

Metaxas, who wrote a monumental biography of Dietrich Bonhoeffer, provides us with a different perspective on Luther. His book seems poised to capture the largest audience for the anniversary this year. While I can’t agree with his view of Luther as a hero of faith, I can appreciate his presentation of a more sympathetic and thorough look at a man who has inspired many Protestant Christians. It is helpful to recognize why Luther is such an important figure for so many people. This book definitely provides many more details on the life of Luther (with over 450 pages). However, I would exercise caution, because it unfortunately also contains many gross misrepresentations of the state of the Church at the time of the Reformation.

For instance, even though Metaxas shows us many ways that Luther encountered the Bible in his early life, he still claims that the Bible and Church had no connection in the early 1500s and that “the study of the Bible per se was simply unheard of” (52). Luther himself was a theology professor and throughout the Middle Ages the Bible was the primary text for teaching theology. Brad Gregory makes clear in his book on Luther that there were even “twenty-two editions of the complete vernacular Bible . . . published in German . . . by 1518” (29). Metaxas presents a false picture of Catholics as ignorant, afraid to pray to Christ, and thinking they must earn their salvation through works. Good historical research could easily dispel these myths, such as the books of Eamon Duffy, but we see Protestants continue to project Luther’s own scruples (hating God and spending six hours in Confession, 47) onto the Church of his time.

Jerome K. Williams, True Reformers: Saints of the Catholic Reformation (Augustine Institute, 2017).

What could have Luther been if he had chosen faithful reform? The answer is a saint. There is no doubt that the Church was in need of serious reform in the 1500s. We have a number of great saints who show us that fidelity to God does not contradict fidelity to His Church. They stood against corruption and initiated deep and abiding reform. The Augustine Institute has release both a book and video series on true reformers, who boldly spoke out against abuses and led to a deeper realization of the truth found in the Bible, read in harmony with the Church. These figures—Teresa of Avila, Thomas More, Ignatius of Loyola, and Charles Borromeo, for instance—continue to inspire us to take up the task of genuine reform today.