This is somewhat surprising given Notre Dame's notoriously liberal faculty and administration, but it highlights how much a threat to religious liberty the HHS decision on contraception truly is.
The University of Notre Dame filed a lawsuit Monday (May 21) challenging the constitutionality of a federal regulation that requires religious organizations to provide, pay for, and/or facilitate insurance coverage for services that violate the teachings of the Catholic Church.
Filed in the U.S. District Court for the Northern District of Indiana, the lawsuit names as defendants Health and Human Services Secretary Kathleen Sebelius, Labor Secretary Hilda Solis, Treasury Secretary Timothy Geithner, and their respective departments.
The federal mandate requires Notre Dame and similar religious organizations to provide in their insurance plans abortion-inducing drugs, contraceptives and sterilization procedures, which are contrary to Catholic teaching. It also authorizes the government to determine which organizations are sufficiently "religious" to warrant an exemption from the requirement.
Notre Dame's lawsuit charges that these components of the regulation are a violation of the religious liberties guaranteed by the First Amendment, the Religious Freedom Restoration Act and other federal laws.
"This filing is about the freedom of a religious organization to live its mission, and its significance goes well beyond any debate about contraceptives," Rev. John I. Jenkins, C.S.C., Notre Dame's president, wrote in a message to members of the campus community. "For if we concede that the government can decide which religious organizations are sufficiently religious to be awarded the freedom to follow the principles that define their mission, then we have begun to walk down a path that ultimately leads to the undermining of those institutions."
Good for Rev. Jenkins. He recognizes the inherent danger - slippery slope - that HHS wants religious communities to tread. The fact that a respected institution known for its "diversity" and liberal positions on social issues would take this step is significant to the cause of religious freedom.