To see photos of Cornwall, England, click on the link
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Tuesday, July 8, 2014
Supreme Court: Accommodation, yes; Form 700, no
Thomas Reese | Jul. 7, 2014NCR Today
In my column last week, I argued that "The decision handed down Monday by the U.S. Supreme Court was a win for Hobby Lobby but a mixed blessing for the bishops.
"Hobby Lobby got what it wanted. The owners will no longer have to pay for coverage of the two contraceptives (IUDs and Plan B) that they consider abortifacients.... but the decision's discussion of the accommodation granted to religious corporations will make it very difficult for the bishops to win their case against it."
Parishes and dioceses were totally exempted from the contraceptive mandate, and most religious corporations were provided an accommodation so they would not have to pay for contraceptives in their insurance plans.
Under the accommodation, if a religious corporation objects to the contraceptive mandate, its insurance company would provide the contraceptives to the corporation's employees at no cost to the employer. All the employer has to do if fill out EBSA Form 700 and send it to the insurance company.
The government argues that it costs less for insurance companies to provide contraceptives than to pay for live births, which means there is no additional cost to pass on to the employer.
In the Hobby Lobby decision, the court argued that the accommodation should also be offered to for-profit corporations like Hobby Lobby. The accommodation was seen by the court as an excellent way of respecting the religious views of the company while still getting contraceptives to its employees. In his oral presentation to the court, the Hobby Lobby lawyer said such an accommodation would be acceptable to his client.
However, some religious employers, including the bishops, objected to the accommodation. They argued that filling out Form 700 and sending it to their insurance companies would constitute an immoral cooperation in the evil. These religious nonprofits have therefore challenged the accommodation and their cases are working their way up through the judicial system.
Three days after the Hobby Lobby decision, the court issued an order in the Wheaton College case that gives hope to the bishops and the religious nonprofits challenging the accommodation. The court granted injunctive relief to Wheaton College and forbade the Federal Government from punishing Wheaton College if it did not fill out EBSA Form 700.
Is this a victory for the bishops? Depends. If the goal of the bishops is to put as much distance as possible between religious nonprofits and contraceptives, then the answer is yes. If the goal of the bishops is to deny contraceptives to employees of religious nonprofits, then the answer is no.
The language of the Wheaton order is very precise. It states that "the order should not be construed as an expression of the Court's views on the merits." Therefore, the order is a postponement of a fight, not the resolution of the dispute.
But the order clearly signals what the court thinks is the proper resolution of the case. It states that if the religious nonprofit informs Health and Human Services that it has religious objections to providing contraceptive services, then HHS cannot punish the nonprofit. The nonprofit does not have to fill out EBSA Form 700 and send it to its insurance company.
But this does not mean that the employees will be denied contraceptives. The court specifically says, "Nothing in this interim order affects the ability of" Wheaton College's "employees and students to obtain, without cost, the full range of FDA approved contraceptives."
The court notes that the government contends that the college's health insurance issuer is required by federal law to provide full contraceptive coverage regardless whether the college completes Form 700 or not. Thus, the court is not striking down the accommodation, it is striking down Form 700.
What the court appears to be saying is that if religious nonprofits have a problem with Form 700, then find another less intrusive way of informing the insurance company. For example, the government could notify the insurance company after HHS has been informed by the nonprofit of its objection to contraceptives.
An even simpler way would be for the insurance company to listen to the nonprofit. If the nonprofit says either verbally or in writing that it does not want contraceptive coverage, then that is all the information the insurance company needs to know that it is now required by law to provide contraceptives to employees at no cost to the nonprofit.
The bottom line is that the Supreme Court likes the accommodation but thinks Form 700 is not necessary. My prediction: the court will give the bishops a win in their fight against Form 700, but it will not strike down the accommodation nor stop contraceptives from reaching employees of religious nonprofits.
It appears that all of this litigation is over a two-page form asking 1) the name of the objecting corporation, 2) the name and title of the individual filing the form, 3) the address, email address, and phone number of the individual filing the form.
Whether eliminating Form 700 is worth the millions of dollars spent on this fight is another question.
Remember, both the Hobby Lobby and the Wheaton College cases only apply to the federal mandate. Twenty-six states have contraceptive mandates and they are not touched by these decisions. They are still the law.
Are the bishops willing to claim victory and go home or will they try to kill the accommodation itself? Is the administration willing to shrug its shoulders and say, "We don't care about Form 700 as long as employees get their contraceptives"? Let's hope so.
Monday, July 7, 2014
Staying connected Worldwide
If you want to stay connected to worldwide events, these two links will provide you with newspapers and news services both locally and worldwide. They are very helpful links.
www.refdesk.com/paper.html
www.aldaily.com
www.refdesk.com/paper.html
www.aldaily.com
Recommendation: King's Counsel
A friend recently gave me a copy of "King's Counsel" by Jack O'Connell and I found it an exciting, educational read. It terms itself "a memoir of war, espionage, and diplomacy in the Middle East," but I found it to be a story of a maturing friendship.
It begins by outlining the roots of modern-day Jordan. Only a few decades ago, the kingdom came into existence and since it was a fragile enterprise, it is amazing that it survived as an independent state.
Jack O'Connell became a legal counsel to King Hussein when the king and the country were young. It provides an admiring depiction of the King who became widely known as a peace-maker and as one who sees "what is possible," rather than holding onto past grievances. Oftentimes, the King's good nature and generosity were taken as weakness and other allies took advantage of him, but the story in the long-run shows the admirable vision he had for Arab unity and a new way of life for the Middle East.
It is a story of what might have been. Mistakes were made by many countries throughout the past sixty years. Peace could have been achieved years ago if someone had just reached out for the outstretched arm of peace and conciliation. We would be living in a different world today where extremism never would have reared its head in the way it is doing now.
Jordan's history is remarkable. It has grown from a small desert community to one of the most important places of stability and progress in the Middle East. It had a fragile existence for many years and it is now showing others that it made many correct decisions in its development.
Jack O'Connell speaks warmly of Jordan and I find myself having the same amount of feelings. Though we cannot look back on what might have been, we can only look forward with hope for peace and promise for progress in a world that seeks the values that Jordan offers. It is a great read and you will find yourself with a well-rounded history lesson of Jordan and the Middle East crisis.
It begins by outlining the roots of modern-day Jordan. Only a few decades ago, the kingdom came into existence and since it was a fragile enterprise, it is amazing that it survived as an independent state.
Jack O'Connell became a legal counsel to King Hussein when the king and the country were young. It provides an admiring depiction of the King who became widely known as a peace-maker and as one who sees "what is possible," rather than holding onto past grievances. Oftentimes, the King's good nature and generosity were taken as weakness and other allies took advantage of him, but the story in the long-run shows the admirable vision he had for Arab unity and a new way of life for the Middle East.
It is a story of what might have been. Mistakes were made by many countries throughout the past sixty years. Peace could have been achieved years ago if someone had just reached out for the outstretched arm of peace and conciliation. We would be living in a different world today where extremism never would have reared its head in the way it is doing now.
Jordan's history is remarkable. It has grown from a small desert community to one of the most important places of stability and progress in the Middle East. It had a fragile existence for many years and it is now showing others that it made many correct decisions in its development.
Jack O'Connell speaks warmly of Jordan and I find myself having the same amount of feelings. Though we cannot look back on what might have been, we can only look forward with hope for peace and promise for progress in a world that seeks the values that Jordan offers. It is a great read and you will find yourself with a well-rounded history lesson of Jordan and the Middle East crisis.
A Stop in Bristol
I set off for the airport by train, which is an efficient
way of traveling. It amazed me that so many people could not find their correct
seats and that others politely made accommodations for them. The train was
clean, comfortable, and had a moderate volume of noise, which made it pleasant
to read.
My only awkward experience was finding a place for my
oversize luggage. I could not fit it into the small cargo space allocated for
luggage and nothing fit in the overhead bin. I sat for an hour trying before I
overheard someone saying that they ought to put their luggage in the luggage
console. When I brought mine there, plenty of room remained for great
quantities of luggage. I rode easier after this discovery because my luggage
was blocking the entrance for far too long.
I was so pleased to see the enormously bright smiles from
everyone. They were just so kind. People just connected humanely with others
and happily acknowledged the presence of anyone they met. This was
heart-warming.
The Bristol train station reminded me so much of the Harry
Potter movies. I thought I would be walking down Diagonal Alley or onto
Platform 9 and ¾ at any time. It was quite pleasant. I was going to set out for
a taxi, but I only had a 20 pound note and I wasn’t sure if that was enough to
pay for the fare, so I went in search of a Euro-Pounds exchange place.
I went from hotel to hotel to find one, but there was no
place to exchange money. Nothing was to be found at the train station. I could
not locate a bank at all, so after lugging my belongings from one place to
another, I went back to the Train Station and hopped on the Airport Express
because there would at least be an exchange counter there. The fare was 7
pounds instead of the expected 28 pounds for a taxi. Transaction complete, I
set out to find a taxi, which was a little confusing but I got it all arranged.
I hadn’t realized the Bed and Breakfast place would collect me free of charge
so I paid 10 pounds to travel approximately two miles. Ah, at least I had
arrived.
The Appletree Inn near the Bristol airport was quite an
experience. For certain, it looked like I made a poor decision. The taxi driver
never heard of the place and though it was listed under Appletree Inn, the
locals referred to it as another place. As he dropped me off, he said, “Never
dropped anyone off here before. It is going to stink because there’s a pig farm
down the road a bit.”
The slight smell of fertilizer wafted through the air and I
knocked on the door to enter. The door was locked. I banged louder and looked
inside and there was hardly a piece of furniture. Lots of cars were parked in
the lot, but no one was within site. I checked out every single door only to
get the same response. One open door led to a vacant room that was in great
need of repairs. After half an hour of sitting in the misty rain, I heard a
noise and followed it. (It would have been far better if I called the place
from the airport for free transport.) Keith, the owner, was working in the barn
and came to greet me. He was a pleasant chap.
Keith was very kind and helped me to my room. When he swung
back the curtains, I was very pleased as the room was immaculate and
accommodating, while being very inexpensive. I slept so well in that room
because the bedding was comforting. It was cheerful, nicely appointed, with a
full bath en suite, and an amazing misty shower. (My shower in Amman was
confining and the hot water always shut off twice each morning.) I simply
relaxed because the place was restful. All the furnishings were top-notch and I
rested well.
It was time for dinner and Keith recommended a place down
the road. He said, “Just walk down the hill. It will look like they are closed,
but they’ll cook for you.” I went inside Darlington Arms and it was a grand old
pub and restaurant. Smiling faces greeted me and I made my way to a table where
I could get nourished. The menu was quite fine, but since I was in England, I
thought to try to fish and chips.
The fried cod was terrific, but it was huge. Since it was
oil-fried, I ate much of the fish and left some batter, but I could tell that
the dish was quite heavy on my system. I had two pints and just watched these
people enjoy one another. Though I was alone and quiet, I was having fun just
watching people enjoy good food and play with each other. The people were very
kind.
The walk uphill to the Inn was not too long, but as I felt a
little bloated I simply offered up to the pig farm what I had just taken in.
Every last piece of cod was released. It was not that I felt sick, but it just
no longer belonged. I felt great before and afterwards and I went to bed very
happy and feeling nourished in many ways.
My 8:00 a.m. arrival at Bristol airport was pleasant as
Keith drove me after collecting my bags. He was a very helpful, kind man. I thought
to have breakfast but no coffee so I could sleep on the plane, but I was
delighted to see about thirty-five people eating a full English breakfast while
drinking pints or having wine at eight in the morning. The pint tempted me, but
I was not ready for a full English breakfast. I laughed inside as people back
in Jordan were celebrating Ramadan.
I enjoyed watching people interact in the airports. They
really seem to care for and respect one another. Smiles are rather frequent and
easily given. My host and I talked about kindness. I told him that he was a
good man to which he replied, “I don’t know about that, but I am kind.” Indeed
he was. And I got to thinking that the Lord said, “I am kind and merciful.” All
these years I’ve tried to be a good man, but I think I understood it wrong. I
ought to be a kind man because God is kind. It is giving me something about
which to think. Nobody preaches about being kind as we conflate goodness with
kindness, but they are distinct.
I spent my day observing kindness freely given to others. I
felt glad.
Sunday, July 6, 2014
Cornwall, England
As I was heading back to the States, I diverted my itinerary
to take a few days in Cornwall, England to visit friends and to assist in my
transition back to the U.S. After an overnight flight, I landed at Bristol
airport where my friend collected me. She just finished a weekend religious
conference. The drive was three hours from the airport, but we made good time.
We stayed at Camborne the first night, which was quite
pleasant. Colin cooked a lovely dinner and we spent some time getting better
acquainted. His house was quite elegant and tastefully designed. I took a
shower and sought to retire. When I went to bed I was exhausted and the eight
hours of sleep was restorative. However, the next morning was a plumbing
inconvenience as the shower pipe burst open and marred Colin’s dining room
ceiling. As he is a skillful and well-connected man, a plumber came to his
rescue in 20 minutes. This allowed us to go off on our day, but I could tell
the mishap remained heavy on his consciousness.
We set off for the coasts of Southwest England. Every square
inch of land was covered abundantly in greenery of some time. What a change
from Jordan where only 5% of the land has green growth. The place is a poet’s
paradise. Life seems simple here. It is certainly a vacation spot for Londoners
and Midlanders and it is remote enough so that the place is not overrun by many
vacationers. The place seems enchanted. The days were bright, sunny, and warm.
Though this is not the order in which we saw things, these
are the things that came to mind.
St. Michaels’ Mount, which was a monastery, family home, a
fortress and a port. We walked a causeway out to the Mount at low tide
(everything cooperated on this trip.) It once belonged to the St. Aubyn (sp?)
family and is very near to Penzance, of the musical “Pirates of Penzance.”
Tate St. Ives is one of the three Tate museums and is found
in St. Ives along the main road that borders the beach. The building itself is
impressive with sweeping views of the Atlantic. The exhibit focused upon the
forces that shaped St. Ives in the 1940, 50, 60’s. Both paintings and
sculptures were included in the galleries.
In the center of town was the sister museum, Barbara
Hepworth Museum with sculptures in the Garden. Most were of bronze and stone,
but a few wooden ones exist. It was Hepworth’s home and studio, where she died
in a violent fire. She is reputed to be one of Britain’s most important 20th
century artists.
Other galleries exist near St. Ives, such as the Penlee
(sp?) House gallery in Penzance. Galleries and studios dot each of these coast
villages.
The Minack Theatre was a highlight. It is called the
“theatre under the stars” and it is quite terrific. It overlooks a cliff near a
beach in Portchurno, Cornwall and is famous for its many theatrical
productions. The only downside of the place is the difficulty in finding it
because there is only one road sign. Especially during the summer, a hefty
range of performances are done in an natural setting. Carved into the cliffs,
seats are available for 800 theatre-goers. Grass and flowers bed make the place
attractive as well. Plus a restaurant, gift shops, and videos of historic
events make the venue an attraction that one needs to see. It is too bad we
could not watch a production there.
Colin lived in Camborne and we made a pass through Hayle,
another charming town. We went to Pendeen as well. These places are great to
look up on a map. St. Just was another fine western coastal town. I have never
been to a place with so many saints as the name of their towns, buildings,
churches, or other notable places. Land’s End, as you would guess, is the
westernmost part of the main island of Britain. Sennen Cove was stunning and
Penzance has its charm as a fishing village, known historically for its pirates.
Last by not least is Mousehold, which is pronounced more like Mosul in Iraq.
The place was just spectacular and we were at the far end of
the time zone so it stayed light until 10:00 p.m. The evening light was soft
and gentle and if I was not so darn tired, I would have stayed up to capture
the setting sun and the refracted light.
Colin was a kind a gracious host and I was worried about him
because he just came off of major back surgery. His kindness bowled me over. I
want to be exceedingly kind in all things, just like he is. Scripture never
says God is good, but God is kind. I want to be kind like the two of them. Phil
was a sweetheart as well. They make a good team and they made my visit
memorable. This is a place I think everyone would want to visit. We met many
nice people along the way as well. Plan on Cornwall as a vacation destination.
You will enjoy it.
Jordan: Until We Meet Again
Dear Hashemite Kingdom of Jordan,
I've had a very good time getting to know you during these past two years and you have been very dear to me. I will miss you as I head to new ministries in Boston and the U.S.A. I continue to wish you the very best. I've seen tremendous growth in you during these past two years and I know additional growth will come.
I just finished reading an excellent book about Jordan called "King's Counsel" by Jack O'Connell. His book tells of the ever-persistent optimism of the late King Hussein. He often mentions that he was a peace-maker, but that his offers were never really appreciated. Anyways, his love for you is heart-warming. I feel the same way.
Please take care of my parishioners. I wish them the best. You do a nice job in tolerating religious differences and I hope you make some changes to your legal system to make it easier for your people and your guests to feel welcome to remain in the Kingdom as citizens. These Catholics are very good people and need you to understand more of our heritage so that you can help them express themselves religiously in freedom.
Speaking of heritage, I'm glad you are exploring additional Christian tourism in the Kingdom. You are certainly the Holy Land of the Old and New Testaments. Abram (Abraham) and his family lived and walked through your deserts; Lot settled the lands of the East Bank; Elijah and Elisha prophesied and performed miracles on your banks; Moses and his band wandered the wilderness; Urish the Hittite died at the Citadel; the Baptist swam in your rivers and he lost his head at Mukawer; the people of the Decapolis witnessed the teachings of Jesus, as did the Gerasense Demoniac at Umm Qais near Lake Tiberias, Jesus retreated often across the Jordan for respite and safety. You have always been a place to welcome others. The early church thrived in your cities and built churches that beg to be discovered; you sent your bishops to the Council of Nicaea and formed our Creed; you allowed the church to grow and prosper in freedom.
I will miss my parishioners. They have become a major part of my life and I was just getting to know them. I enjoyed hearing their stories and coming to know them as people of faith. It seemed that my work was just beginning.
Watch over Dozan wa Awtar. They are the future of Jordan and they are a great bunch of people. They come from a rich variety of backgrounds, which allows them to offer a great deal to the general public. Please recognize the good that you have in them. They have become dear friends.
Bless the Jesuit community, the local church, the Orthodox faith, and all who are in your borders.
I pray that your remain safe at your borders and that peace between Palestine and Israel comes about very soon. We need peace and prosperity. Thanks for your good shepherding of the many ways of peace. Now, it is time that it simply come about.
I will miss you and all my friends. My heart is attached to you. Right now, I'm leaving for a new ministry and I look forward to the day when we meet again.
I've had a very good time getting to know you during these past two years and you have been very dear to me. I will miss you as I head to new ministries in Boston and the U.S.A. I continue to wish you the very best. I've seen tremendous growth in you during these past two years and I know additional growth will come.
I just finished reading an excellent book about Jordan called "King's Counsel" by Jack O'Connell. His book tells of the ever-persistent optimism of the late King Hussein. He often mentions that he was a peace-maker, but that his offers were never really appreciated. Anyways, his love for you is heart-warming. I feel the same way.
Please take care of my parishioners. I wish them the best. You do a nice job in tolerating religious differences and I hope you make some changes to your legal system to make it easier for your people and your guests to feel welcome to remain in the Kingdom as citizens. These Catholics are very good people and need you to understand more of our heritage so that you can help them express themselves religiously in freedom.
Speaking of heritage, I'm glad you are exploring additional Christian tourism in the Kingdom. You are certainly the Holy Land of the Old and New Testaments. Abram (Abraham) and his family lived and walked through your deserts; Lot settled the lands of the East Bank; Elijah and Elisha prophesied and performed miracles on your banks; Moses and his band wandered the wilderness; Urish the Hittite died at the Citadel; the Baptist swam in your rivers and he lost his head at Mukawer; the people of the Decapolis witnessed the teachings of Jesus, as did the Gerasense Demoniac at Umm Qais near Lake Tiberias, Jesus retreated often across the Jordan for respite and safety. You have always been a place to welcome others. The early church thrived in your cities and built churches that beg to be discovered; you sent your bishops to the Council of Nicaea and formed our Creed; you allowed the church to grow and prosper in freedom.
I will miss my parishioners. They have become a major part of my life and I was just getting to know them. I enjoyed hearing their stories and coming to know them as people of faith. It seemed that my work was just beginning.
Watch over Dozan wa Awtar. They are the future of Jordan and they are a great bunch of people. They come from a rich variety of backgrounds, which allows them to offer a great deal to the general public. Please recognize the good that you have in them. They have become dear friends.
Bless the Jesuit community, the local church, the Orthodox faith, and all who are in your borders.
I pray that your remain safe at your borders and that peace between Palestine and Israel comes about very soon. We need peace and prosperity. Thanks for your good shepherding of the many ways of peace. Now, it is time that it simply come about.
I will miss you and all my friends. My heart is attached to you. Right now, I'm leaving for a new ministry and I look forward to the day when we meet again.
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