Zika Does Not Justify Abortion or Contraception

BREAKING -- The NCBC has released its official statement on the current climate and certain proposed "solution" to the Zika epidemic spreading throughout the world. Given the spread of the Zika virus and microcephaly within the Western Hemisphere, some have recommended the use of abortion and contraception as appropriate tools in the fight against this disease. In the following statement, the Ethicists of the NCBC reply to numerous media inquiries and give guidance to faithful Catholics on this topic.

Please see the NCBC Statement

NCBC and the NCPD Continue Working to Protect the Disabled

ACTION ITEM: California pushing Physician-Assisted Suicide through in state Senate TODAY. California residents, please contact CA Governor to stop this: http://goo.gl/5Ln0Cg

Response to the Supreme Court Decision in King v. Burwell

"The National Catholic Bioethics Center respects the Supreme Court’s decision in King v. Burwell and, at the same time, calls on Congress and President Obama to collaborate in making necessary amendments to the Patient Protection and Affordable Care Act. The core constitutional dispute in King v. Burwell centered on whether clear language in legislation should control the implementation of law and whether the role of courts is limited to interpreting laws rather than helping to make laws. These principles are central to American constitutional governance and the rights it protects. The Supreme Court’s decision demonstrates that the Court is willing to overstep, as it has in the past, the limited role granted to it by the Constitution, in order to promote a social outcome it finds desirable. Such a decision undermines the authority of Congress and the legitimacy of the Court..."

Read the entire NCBC response, HERE

The NCBC Supports: The Little Sisters of the Poor and Others Challenging Violations of their Conscience Rights

The National Catholic Bioethics Center has again been a signatory to several amicus briefs of late in support of sound and life giving health care policies: 

 The NCBC supports the state of Iowa and the Ruling of its Board of Medicine to protect women from abortions via telemedicine. Planned Parenthood has challenge these safety requirements and the case is before the Iowa Supreme Court. Dr. Marie Hilliard, is Director of Bioethics and Public Policy for The National Catholic Bioethics Center, where she files briefs such as the brief for Iowa (NCBC named on page 4) and she helps the Center fulfill its critical role in defending the human person and supporting the common good. 
(For more details on this issue, see: http://www.desmoinesregister.com/story/news/health/2014/09/16/planned-parenthood-of-the-heartland-iowa-supreme-court-telemedicine-abortion/15726317/.)


The NCBC has also firmly supported the Little Sisters of the Poor in their Fight for Religious Freedom, which is being Violated by the HHS Contraceptive Mandate. On Monday December 8th, 2014, the Little Sisters of the Poor will have their day in court before the Tenth Circuit Court of Appeals in Denver. The U.S. Department of Health and Human Services (HHS), through its Contraceptive Mandate, is requiring virtually all employers, regardless of their opposition on grounds of conscience, to provide to their employees through their benefit plans coverage of contraceptive drugs and devices, including abortifacients, as well as surgical sterilizations. The Little Sisters present perhaps the best and clearest example of a religious organization that is faced with an existential threat by the HHS Contraceptive Mandate 

(see: http://blog.archny.org/steppingout/?p=3076 ).

A victory by the Little Sisters will send a clear message to the U.S. Supreme Court, and will increase the chances that other religious non-profits will be protected from the ruinous fines that would be imposed under the Mandate. A defeat could subject the Little Sisters to as much as $50 million in fines for following their conscience -- that would force them out of their significant ministry to the elderly and infirm, and also send an ominous message about the future of religious freedom in America. Please continue to hold the Little Sisters and their attorneys in your prayers.

The National Catholic Bioethics Center (NCBC) continues to support organizations and their rights to religious freedom which are continuously violated by the U.S. Department of Health and Human Services’ Contraceptive Mandate. The NCBC joins other organizations committed to the protection of Religious Freedom in signing onto the following amicus briefs, in support of those employers who are legally challenging the violations of their conscience rights: 

• Dordt College and Cornerstone University (UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, DORDT COLLEGE and CORNERSTONE UNIVERSITY, v. SYLVIA M. BURWELL)
  
• The Archdiocese of St. Louis (UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, ARCHDIOCESE OF ST. LOUIS and CATHOLIC CHARITIES OF ST. LOUIS. v. SYLVIA M. BURWELL)
  
• East Texas Baptist University and Westminster Theological Seminary (UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT EAST TEXAS BAPTIST UNIVERSITY; HOUSTON BAPTIST UNIVERSITY, WESTMINSTER THEOLOGICAL SEMINARY, v. SYLVIA MATTHEWS BURWELL).

These briefs represent a total of seventeen amicus briefs filed by the NCBC in support of religious freedom being violated by the HHS Contraceptive Mandate.

BREAKING -- NCBC Gives Official Comment on Physician Assisted Suicide in Light of The Brittany Maynard Case

Physician-Assisted Suicide and the Death of Brittany Maynard

Brittany Maynard, who was told by doctors that she had only six months to live after being diagnosed with an aggressive form of brain cancer, ended her life last week on November 1, a date she had selected ahead of time. The 29-year-old took a fatal dose of barbiturates, prescribed by her doctor, at her home in Portland, Oregon, surrounded by her husband and other members of her family.


Today, The National Catholic Bioethics Center officially expressed its: "[S]adness and regret over the untimely close of the life of such a vigorous young woman. Her decision to end her life by self-inflicted means reminds us of the tragic reality of suicide and the injustice of laws encouraging physician-assisted suicide..."



Please read the full NCBC commentary, HERE.

The National Catholic Bioethics Center Comments on New HHS Proposed Rules

Yesterday The National Catholic Bioethics Center submitted official commentary to the government regarding the: "Proposed Rules on coverage of certain preventive services under the Affordable Care Act ('ACA'), known as the 'Contraceptive Mandate.'"


The statement, a full analysis of the new rules, is concomitant with the Center's initial impression of the rules and reiterates that they are, in fact, more "restrictive of religious freedom than provided for by the decision of the Supreme Court."


To read the full story and the official comment, click HERE

BREAKING -- The NCBC Releases Official Statement on the ALS Ice Bucket Challenge

After considering the matter at length, the National Catholic Bioethics Center is happy to announce their official stance regarding the now viral Ice Bucket Challenge used to promote awareness about ALS. The Center had not yet taken a public official position on this: "Challenge [which] started trending in late July 2014 [and] has successfully raised awareness about the disease on a dramatic scale, accomplishing its main purpose with great creativity and fun." We hope you will find our commentary helpful in clarifying many elements of and relating to this popular event.

Please take a few moments and read the NCBC's full commentary on the Ice Bucket Challenge, HERE

Happy Friday!

BREAKING -- The NCBC Response to SCOTUS Decision in Support of Religious Freedom

The National Catholic Bioethics Center hails the decision today of the United States Supreme Court in support of the religious freedom of the owners of Conestoga Wood Specialties Corporation and Hobby Lobby Stores Incorporated!The National Catholic Bioethics Center was a party to an amicus brief signed in support of the religious freedom of the two family-owned for-profit businesses, neither of whose families were Catholic. The rights of these two companies, protected under the Religious Freedom Restoration Act, were violated by the U.S. Department of Health and Human Services’ contraceptive mandate. We give thanks for this decision and offer our congratulations to the brave owners of these companies who have worked hard to carry on and weather the storm of these legal proceedings.

The Center's release states:

"These family-owned businesses took the courageous stand of challenging the assault on their religious freedom, under the guise of preventative health care, by the U. S. Department of Health and Human Services’ contraceptive mandate. The mandate requires virtually all employers to provide contraceptive, abortifacient, and surgical sterilization insurance coverage, at no cost to the employees, regardless of the deeply held religious objections of employers. Both Conestoga Wood and Hobby Lobby argued that their deeply held religious beliefs concerning the sanctity of human life were violated by HHS forcing them to pay for abortifacient drugs and devices for their employees..."

Please be sure to read the FULL NCBC statement HERE

5 PM TODAY -- Connecticut Assisted Suicide Bill was Defeated Once Again

Thanks to the assistance and coordination of NCBC Ethicist and Director of Public Policy, Dr. Marie Hilliard, the testimony of Law Professor and friend of the NCBC, Steve Mikochik, and the tireless effort of the Connecticut Catholic Conference and the Family Institute of Connecticut, the once-again proposed Connecticut Assisted Suicide Bill was defeated this year. The Connecticut Public Health Committee did not be meet today and, therefore, the existing deadline for voting on the Assisted Suicide Bill was missed. The bill was dropped at exactly 5 P.M. today.

In a manner mirroring those NCBC efforts that helped defeat the bill last year, Dr. Hilliard worked with Steve Mikochick in her role as a board member of the National Catholic Partnership on Disability. Dr. Hilliard coordinated and assisted with the testimony that Mr. Mikochik presented in opposition to the bill.

Thank you for all of your hard work, Dr. Hilliard! Congratulations!

Dr. Marie Hilliard

Good news for a happy Friday.

NCBC Ethicist's Major Article Just Released: "Birth Control is Not Health Care"

Dr. Marie Hilliard, Ethicist and Director of Bioethics and Public Policy at the NCBC, has just had an article on contraception and the HHS Mandate published in Crisis Magazine online today.

Dr. Marie Hilliard

The article, entitled Birth Control is not Health Care, takes a thorough and incisive look at the HHS Mandate and at the prominent place of birth control as a pillar of the implementation of the Affordable Care Act. Dr. Hilliard looks at the enforcement of the contraceptive mandate which has, erroneously, been presented as a crucial element of preserving good health, and examines this in light of the current lawsuit being heard on behalf of the Little Sisters of the Poor. The initiative of the Sisters shows that the decision to oppose the HHS mandate: "Has much more to do with religious liberty," and the defense of that liberty, than any flawed arguments stating that opposition to the Mandate is merely a misguided opposition to good health and health care.


Please read Dr. Hilliard's excellent article, HERE.

Thank you, Dr. Hilliard!

TONIGHT -- Dr. John Haas Appearing Live on EWTN

NCBC President, Dr. John Haas, is headed to Washington, D.C. and will be appearing for an interview on the new EWTN segment: News Nightly with Colleen Carol Campbell. The interview will answer the many complicated questions that arise at the end of one's life and Dr. Haas will address and clarify the Church’s stance on end-of-life issues and the determination of death.

The interview comes at a critical time in the national conversation about determining death, and the Center is pleased to have the opportunity to present its opinions and to affirm the truths held in Catholic Teaching.

The program will air live on EWTN at 6 P.M. TONIGHT and it will be broadcast again at 9 P.M. this evening.

To learn more about News Nightly and tonight's show, click HERE

To see EWTN's full programming schedule, please click HERE.

UPDATE -- Radio Debate on Brain Death Now Available Online

If you missed last night's spirited debate between NCBC President, Dr. John Haas, and Paul Byrne, M.D., never fear! Their discussion on the topic of brain death is now available on the website of the Kresta in the Afternoon show on Ave Maria Radio's website. To stream the archived version of the program, please click HERE, scroll to the media player labelled "January 8, 2014 Hour 2," click play and (after a brief ad from Ave Maria), scroll to minute 22:25.


Happy listening!

READ IT! -- Article Concerning Criteria for Determination of Death Now Available on the New NCBC OpenAccess Page

In accompaniment to the official statement by the NCBC concerning the Jahi McMath case, Dr. Haas, President of the National Catholic Bioethics Center, has asked that a scholarly article he wrote on the subject of Catholic Teaching Regarding the Legitimacy of Neurological Criteria for the Determination of Death be posted for the public on the NCBC Publications Department's OpenAccess page. The document, which is from 2011, covers an enormous number of details concerning brain death and neurological damage and it will be of great help to those seeking further information on this topic.

The NCBC's new OpenAccess page offers documents often requested by our clients or those of general interest to the public. They are presented, free of charge, The National Catholic Bioethics Center. The offerings there 'rotate' occasionally, so please check back regularly to view new material.

Please take some time to read the Official Statement of the NCBC on Jahi McMath, and then, for more information, head to Dr. Haas's article on the OpenAccess page today.

And please, continue to pray for the McMath family and for all those who are faced with such pain and tragedy.

BREAKING -- The NCBC Releases Official Statement on Determination of Death and the Jahi McMath Case

On the heels of the NCBC's media commentary regarding Jahi McMath, Dr. Haas and the Ethicists at the National Catholic Bioethics Center have released an official statement regarding Catholic teaching on the determination of death and Jahi McMath:

An excerpt from the piece makes it clear that, while: "The National Catholic Bioethics Center cannot address the accuracy of the facts of the case of Jahi McMath since we have not been a party to the case," nonetheless:

"This tragic situation provides an opportunity for the Center to make clear the teaching of the Catholic Church on the question of the determination of death using neurological criteria.  Some media commentators have presented this situation as evidence of the opposition between faith and science since the mother professes to be a devout Christian and believes her daughter can be restored with God’s miraculous intervention.  However, the determination of death by the rigorous application of the neurological criteria is considered legitimate by the Catholic Church..."

You can read the full statement on the main NCBC website, HERE.

NCBC Ethicist Grapples with Issue of Brain Death, Weighs in on Jahi McMath Case

The National Catholic Bioethics Center has been commenting on questions about brain death and reaching out to those with related concerns as the difficult issue of assessing and caring for persons suffering cerebral damage has reentered the consciousness of Americans. This week, as media outlets continued to report on the tragic case of Jahi McMath in California, Staff Ethicist John A. DiCamillo gave an interview to the Catholic News Agency that has been picked up by religious and secular media contributors and is being cited widely.

NCBC Staff Ethicist, John A. DiCamillo

John's opinions were quoted, notably, by Catholic blogger Simcha Fisher and John provided more quotes to Religious News correspondent (and Washington Post contributor) Cathy Lynn Grossman in two excellent pieces related to the news on the McMath case.

Please take a little time and learn about a few elements of the NCBC's stance on brain death highlighted in John DiCamillo's interview with the Catholic News Agency, HERE.

To read two excellent follow-up pieces in response to John's interview, please see Simcha Fisher's post HERE 

and Cathy Grossman's piece HERE.

Stay tuned to the NCBCblog, as we expect further commentary on the issue of brain death will be forthcoming.

And most importantly, please pray for Jahi McMath and her family.

BREAKING -- NCBC President Gives Crucial Interview Defending USCCB Today on NPR

The President of The National Catholic Bioethics Center, Dr. John Haas, gave an incredibly powerful interview today, as he defended the Ethical and Religious Directives for Catholic Health Care Services (ERDs) on NPR's Diane Rehm Show. In the interview, which was part of a larger story concerning an ACLU lawsuit against the Unites States Conference of Catholic Bishops, Dr. Haas gave ample time and consideration to the Church's position on these matters and, in the process, illustrated the utmost importance of interpreting the ERDs properly and using them correctly, whether one is acting in accordance with the ERDs, or simply making judgments concerning them and their nature and purpose in governing Catholic health care facilities.

Dr. Haas cited numerous direct examples from the literature of the Catholic Church in this matter and, in the undeniably hostile environment of a secular radio discussion, acquitted himself impeccably on behalf of The Center and in defense of the position of the USCCB and the Catholic Church.

Please, take some time to listen to the full story and discussion on the Diane Rehm Show's website, HERE.

Well done Doctor Haas!

NCBC Protects Organ Donation after Circulatory Death (DCD) Donors from Abuses

NCBC Joins the National Catholic Partnership on Disability (NCPD) in their Mutual Attempt to Protect Potential Organ Donors after Circulatory Death (DCD Donors) from Abuses

After a series of small victories in defense of organ donors, as well as a nationally broadcast NPR story, The National Catholic Bioethics Center and NCPD are renewing the organ donation conversation as they continue to collaboratively express their opposition to current drafts of policies drawn by the national Organ Procurement and Transplantation Network.  Specific concerns relate to the potential violation of the so-called “Dead Donor Rule” as well as the true informed consent of potential donors and their families. Persons with disabilities will be particularly vulnerable due to a number of factors, including the proposed change in eligibility criteria for potential donors. Despite the revision of some wording in the OPTN policies (a positive result of the aforementioned NPR story), there remains great potential for coercion and other abuses as explained in the NCBC's two statements to OPTN: HERE and HERE.

Through the tireless efforts of Dr. Marie Hilliard, the NCBC collaborated with NCPD’s past chairperson and current NCPD Board member, Steve Mikochik, JD, in developing a panel response delivered by Professor Mikochik at the 4^th International Congress on ECMO (Extracorporeal Membrane Oxygenation) Therapy, at Penn State Hershey Heart & Vascular Institute, Penn State Milton S. Hershey Medical Center, and Penn State College of Medicine on October 19, 2013.  The misuse of Extracorporeal Interval Support for Organ Retrieval (EISOR),  a procedure utilizing modified ECMO to bring about brain and cardiac death of potential organ donors, was identified by Professor Mikochik, whose comments can be read HERE.

UPDATE -- Dr. Haas speaks on Role of Health Care Navigators

When asked for a personal opinion to accompany the NCBC's official statement on Healthcare Navigators, The President of The National Catholic Bioethics Center, Dr. John Haas, had this to say:

"The National Catholic Bioethics Center has taken considerable time to review the status and the roles of these so-called Navigators and we are urging Catholic agencies not to participate in these enrollment programs lest they cooperate with evil in the role of a Navigator. While acting as a Navigator might not be unethical in and of itself, it could easily place a Catholic in a compromised situation if a person the Catholic is helping specifies the desire to sign up for plan or program with abortion coverage. 

Also, in light of the continuing contentious relationship between the Catholic Bishops and the Obama administration over the Health and Human Services Mandate for contraception and abortafacienct coverage and the risk of scandal, the NCBC cautions Catholic agencies that are considering participating in these enrollment programs."

Please read the NCBC's FULL Health Care Navigator Analysis HERE.

The NCBC Cautions Catholic Agencies Considering Assuming Position of ACA Navigator and Other Roles

There has been an increasing amount of coverage regarding the role that local people (and in many cases, sponsoring corporations) can or will play in the orchestration of the Patient Protection and Affordable Care Act (ACA)  and and enrollment of persons in the insurance program at the individual level. Referred to generally as Navigators, these local people and corporations will be assistants and are claimed to be available to act an unbiased aides who can help individuals as they make decisions about enrolling in Obamacare.

The National Catholic Bioethics Center has taken ample time to review the status and the roles of these so-called Navigators and the NCBC is urging Catholic individuals and agencies not to participate in these enrollment programs lest they cooperate with evil in the role of a Navigator.

Please read the NCBC's full assessment of the matter below:

The National Catholic Bioethics Center (NCBC) has reviewed the various enrollee registration roles developed to implement the Patient Protection and Affordable Care Act (ACA) and is advising Catholic agencies to exercise caution in assuming such roles.

 There are three specific roles to assist consumers in enrolling for health coverage under the ACA:

           

Navigator: All exchanges (also known as marketplaces)—whether state-based, partnership, or federally facilitated—are required to establish a navigator program. Each exchange will designate entities as navigators and provide them with grants for helping individuals and small employers with the application and enrollment process. Navigators will also conduct public education activities to raise awareness about the exchange and provide referrals to other consumer assistance resources.

In-Person Assisters (IPAs):  In the final exchange blueprint, the Center for Consumer Information and Insurance Oversight (CCIIO) outlined in-person assisters (IPAs) as a second type of assister that is distinct from navigators and other application assistance programs.

Certified Application Counselors (CACs):  Being certified as CACs enables organizations that would likely be engaged in application assistance anyway to help consumers in a more formal capacity. For example, although not all community health centers and community-based organizations will be chosen to serve as navigators or IPAs, they are well-positioned to provide application assistance because they are trusted messengers.

The CAC designation will help expand the network of trained assistance that is available to consumers.

[Excerpted from Enroll America Fact Sheet: http://files.www.enrollamerica.org/best-practices-institute/enroll-america-publications/Enrollment_Assisters_Fact_Sheet.pdf.]

There is a significant possibility of scandal, which is to be judged by the diocesan bishop, when a Catholic agency participates not only as a Navigator but also in providing In-Person Assisters or Certified Application Counselors for enrollment in coverage by the Exchanges.  This is not just because of the morally illicit drugs and procedures which will be facilitated by implementing the ACA, but also because of the violation of religious liberty occurring pursuant to the U.S. Department of Health and Human Services contraceptive and abortifacient mandate in the implementation of the ACA.

There are also additional concerns, especially for states that have not banned abortion coverage in the Exchanges.  Pursuant to the ACA, only one plan per Exchange must omit such coverage.  Therefore, those enrolling persons that select a plan that includes abortion coverage are cooperating in a manner that would be hard to justify, even if it was mediate material cooperation with evil (which at times can be justified, as addressed, below).  This becomes especially problematic when the enrollee specifically requests abortion coverage (speaking to intent, which constitutes what is always morally illicit formal cooperation).  

Explicit formal cooperation in evil occurs when the cooperator (e.g., enroller) has the same evil intent as the principal agent (enrollee who desires insurance coverage of abortion for its potential use). Even if the enroller of an enrollee would prefer that the coverage not include abortion coverage, but acts to assure that the enrollee has such coverage as an In-Person Assister, Certified Application Counselor, or contracted Navigator, this could constitute implicit formal cooperation.  Even in the absence of direct abortion coverage, the enrollee may be a person who intends to use the abortifacient drugs and contraceptive coverage, facilitated by the enroller, presenting a similar moral dilemma as outlined above. 

This is unlike a person accepting a health care insurance plan for his/her family that does include the morally illicit coverage, which cannot be refused, but at the same time knowing that coverage will not be used.  This represents remote mediate material cooperation by which material assistance (payment of premiums) is given, which neither causes another person to commit an evil, nor intends evil.  It may make the evil possible by contributing to the overall financing of the plan, not dissimilar to paying taxes.  For such an enrollee, for the proportionate good of the family’s health care coverage, the remote mediate material cooperation could be justified, with the understanding that the family makes known its objections to such public policy and works in a prudentially appropriate manner to effectuate change.

This is the NCBC opinion on the matter, in which we urge that Catholic agencies not sponsor or assume the roles of Navigator, In-Person Assister, or Certified Application Counselors for the Exchanges because of the implications of these actions for cooperation with evil.  Of course, the final decision rests with the diocesan bishop.

Who is Free to Exercise Religion? An NCBC Ethicist Weighs In

John A. Di Camillo, Staff Ethicist at the National Catholic Bioethics Center, has just completed an article that targets and addresses conflicting opinions that have arisen in the United States courts as the Judiciary continues in attempting to delineate and interpret the "identity, purpose, and scope of business entities and the relationship of those entities to their owners and to religious exercise" in light of the HHS mandates and government enforcement of the unjust laws.

John Di Camillo provides a deeper look into the ongoing battle for religious freedom as:

"Two federal courts of appeal have come to opposite conclusions regarding whether for-profit companies can claim religious liberty protections. All for-profit and most non-profit organizations in the United States continue to be impacted by the legal requirement that was established by a provision of the Patient Protection and Affordable Care Act of 2010, and incrementally clarified by regulations from the Department of Health and Human Services, which has come to be known as the HHS Mandate. The HHS Mandate requires that employers who offer health insurance include, at no cost to employees, the full range of FDA-approved contraceptive drugs and devices, including surgical sterilizations as well as abortion-inducing drugs and devices such as ellaOne, Plan B, and IUDs. Providing this sort of insurance coverage is at odds with the moral values and religious convictions of many U.S. citizens and business owners, especially Catholics."

Read the full article HERE.