By Valerie Schmalz

U.S. bishops, fact-checkers contradict Obama's health reform claims on abortion

Spokesman urges lawmakers to eliminate proposed 'radical change' to policy that bars federal funding of abortions

Cardinal Justin Rigali and the U.S. Conference of Catholic Bishops say the existing health reform legislation mandates abortion and would allow government funding of abortion -- even though the president of the United States has labeled such statements "fabrications."

Nonpartisan Factcheck.org says the president is wrong.

"Despite what Obama said, the House bill would allow abortions to be covered by a federal plan and by federally subsidized private plans," stated an Aug. 21 Factcheck.org news analysis.

Meanwhile, Michigan Democrat Rep. Bart Stupak, with the backing of the U.S. bishops, is trying to force a full public House vote on an amendment to block government funding of abortion when the health care reform legislation is sent to the House floor after the August recess.

Despite the Catholic Church's long-standing support for health care reform, Philadelphia's Cardinal Rigali, chairman of the U.S. bishops' Committee on Pro-Life Activities, is urging lawmakers not to approve health reform that would mandate funding or coverage of elective abortions.

As currently written, the health care reform legislation marks a "radical change" in U.S. abortion policy, the cardinal wrote in an Aug. 11 letter to the House of Representatives. With the addition of an amendment introduced by New York Democrat Rep. Lois Capps, the House legislation specifically makes abortion a mandated benefit in the public health insurance plan and requires participants to pay a premium surcharge for mandatory abortion coverage.

All versions of the health care legislation introduced so far create government funding of abortion by allowing proposed federally subsidized health care vouchers to be used for public or private health insurance plans that include abortion, he said.

'Deliberately confuses'

"The Capps Amendment deliberately confuses, by pretending that it prevents government funding of abortion but then having the government force Americans to buy abortion coverage whenever they enter the public plan," said Richard Doerflinger, associate director of the U.S. bishops' pro-life office. "If the government is forcing you to subsidize abortions, who cares whether it's called a tax or a premium?"

The bishops' conference said the health reform legislation being proposed would break with decades-old federal policy of barring the use of federal funds to pay for abortion, whether in federal employee health plans, on military bases or via Medicaid. Since Roe v. Wade, health legislation that defines broad categories for mandated health benefits (like physicians' and outpatient services) has been read by courts as mandating abortion coverage unless that is specifically excluded. Prior to 1976, passage of the Hyde Amendment to the Health and Human Services budget, Medicaid abortions had reached 300,000 per year, according to the bishops' conference.

"Under court decisions, any general federal health program will cover all abortions unless Congress explicitly says otherwise," said Douglas Johnson, legislative director of the National Right to Life Committee (NRLC).

Obama made two statements in mid-August that abortion coverage was not in the health reform package.

"Some are also saying that coverage for abortions would be mandated under reform," he said during a weekly radio address. "Also false. When it comes to the current ban on using tax dollars for abortions, nothing will change under reform."

That was a reiteration of his assertion three days earlier in a conference call and audio webcast sponsored by faith-based groups' 40 Days for Health Reform: "You've heard that this is all going to mean government funding of abortion. Not true ... These are all fabrications that have been put out there in order to discourage people from meeting what I consider to be a core ethical and moral obligation, and that is that we look out for one another."

Complicating matters is the difficulty of teasing specific information out of the 1,000-plus pages of text in the bills, which are a maze of legalese and references to other legislation. Three markups by three different House committees were expected to be merged into one piece of legislation in the House. A separate Senate bill being assembled by the Senate Finance Committee effort and sponsored by Sen. Ted Kennedy, D-Mass., is similar to HR 3200, NRLC's Johnson said.

'Shell game'

The final House version was expected to include a version of the Capps Amendment, which was backed by House Energy and Commerce Committee chairman Henry Waxman, D-Calif., and Majority Leader Nancy Pelosi, D-Calif., a pro-abortion-rights Catholic.

Chris Korzen, executive director of Catholics United, a social justice advocacy group, said he saw the Capps Amendment as a step toward "abortion neutrality," the bishops' stated goal in any final health bill. He noted that states are already allowed to use state funds for Medicaid abortions and that the federal government funds COBRA (extensions of health insurance for laid-off employees) for private health plans with abortion.

"The Capps Amendment signals a clear intent by lawmakers to craft health insurance reform that preserves policies that are currently in place regarding federal funding of abortion," Korzen said. "I will qualify that by saying we still have a little more work to do regarding the question of abortion services in a public option."

In his letter to the House of Representatives, Cardinal Rigali criticized a Capps Amendment provision that would require anyone who signs up for the public option to pay at least $12 a year in premiums for elective abortion. "Those constrained by economic necessity or other factors to purchase the 'public plan' will be forced by the federal government to pay directly and specifically for abortion coverage," he said.

Further, the Capps Amendment leaves it to the secretary of the Department of Health and Human Services to decide whether abortions will be covered in the "public option." The department's head, pro-abortion-rights Catholic Kathleen Sebelius, is expected to allow unlimited access to abortion.

Denver Archbishop Charles J. Chaput, in a mid-August column for his diocesan newspaper, noted the Capps Amendment would require at least one insurance plan in each geographical area to cover abortion, which, in effect, would direct federal subsidies to private insurance plans with elective abortion.

"This isn't a compromise," said Archbishop Chaput. "It's a shell game."

The U.S. Catholic bishops' conference, the National Right to Life Committee and other pro-life advocates support efforts by Rep. Stupak to force a vote by the full House on an amendment similar to the Hyde Amendment applied to health reform legislation. Stupak's amendment was defeated 30-28 in the House Energy and Commerce Committee. House Rules Chair Louise Slaughter has said she cannot guarantee Stupak will be allowed to introduce his amendment, according to Stupak press secretary Michelle Begnoche. Stupak's amendment faithfully tracks the language of the Hyde Amendment, saying that federal funds will not pay for abortion or benefits packages that include abortion except in cases of rape, incest or life of the mother.

If the Stupak Amendment to block federal funds in HR3200 is not allowed by House majority leaders, pro-life legislators could force the issue, but that would require all Republicans and 39 Democrats to team up, according to Johnson.

Twenty Democrats signed a late-June letter to Pelosi that stated, "We cannot support any health care reform unless it explicitly excludes abortion from the scope of any government-defined or government-subsidized health insurance plan."

Basic Catholic principles for health care reform

"As Congress begins debate on health care reform the Catholic bishops of the United States offer the following criteria for fair and just health care reform. Health care reform needs to reflect basic ethical principles. We offer these as a guide:

• a truly universal health policy with respect for human life and dignity;
• access for all with a special concern for the poor and inclusion of legal immigrants;
• pursuing the common good and preserving pluralism including freedom of conscience and variety of options; and
• restraining costs and applying them equitably across the spectrum of payers."

-- From a July 17 letter to all members of Congress by Bishop William F. Murphy of Rockville Centre, N.Y., chairman of the U.S. bishops' Committee for Domestic Justice and Human Development.

Valerie Schmalz is an OSV contributing editor.