[Congressional Record Volume 158, Number 23 (Monday, February 13, 2012)]
[Senate]
[Pages S549-S550]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          RELIGIOUS LIBERTIES

  Mr. JOHANNS. Mr. President, I rise today to comment on the 
developments of the past few weeks which, in my view, have been 
incredibly tragic but maybe, on the other hand, reassuring. On the one 
hand, it is tragic that our own government launched an attack on first 
amendment rights. The President launched this assault unapologetically 
in the black-and-white print of a rule that clearly restricts religious 
liberties. It says contraceptives and abortion-inducing drugs must be 
provided free of charge to women. What the President did not anticipate 
by his rule was the backlash it would generate.
  It is reassuring, on the other hand, to know that Americans will make 
their voices heard when their constitutional rights are being 
trampled. For the first time in many years, people of many different 
faiths, as well as the defenders of the Constitution, have found a 
unifying rallying cry. They are sending the message that enough is 
enough; it is time to stop this administration's march into every 
single facet of our lives. At issue is one of the very basic rights in 
this country. It is one of the basic rights this country was founded to 
protect. It is the right to freely exercise religion--a right this 
President pledged to uphold when taking the oath of office.

  Many Americans were lulled into complacency in 2009 by promises that 
apparently the President did not intend to uphold. Back then I came to 
the Senate floor to address this identical issue. In the thick of the 
very contentious health care debate, I urged my pro-life colleagues and 
the pro-life community to stand up against the health care bill that 
was being considered here in the Senate. I pointed out that the Hyde 
amendment, which prohibits taxpayer dollars from being used for 
abortion, was absolutely absent in the bill, something that now appears 
to be no accident whatsoever. On that day I shared the National Right 
to Life's very real concerns that the bill ``tries to conceal that 
unpopular reality with layers of contrived definitions and hollow 
bookkeeping requirements.'' Unfortunately, though, empty promises that 
the bill respected life were enough to convince my presumably pro-life 
colleagues to support the bill. After all, they had heard the promises 
straight from the President's mouth.
  Remember when the President told Americans ``under our plan, no 
Federal dollars will be used to fund abortions, and Federal conscience 
laws will remain in place.'' Congress ignored the warnings, charged 
forward, blurry eyed, voting in the middle of the night, and passed the 
health care bill that we all now know violates the very conscience 
rights the President himself by his own words promised to protect.
  As the law is being put into place, we are truly heading into 
uncharted waters for this Nation. On Friday, after weeks of criticism, 
the President announced a so-called compromise. We were told by his 
Chief of Staff that it will be that way or it will be the highway. So 
what is the compromise? It would still force every plan to offer free 
contraceptives and abortion-inducing drugs, even plans offered by 
religious organizations with deeply held religious beliefs.
  The President claims religious employers with objections won't 
technically be required to offer the coverage because insurance 
companies will be forced to offer it free. What? Are we, as Americans, 
expected to believe that the many religious organizations paying the 
employer's share of the health care costs are not paying for these 
services? What kind of accounting gimmick is that? What kind of sleight 
of hand is that?
  The President is blinded by his ideology. This fight is about 
religious and moral beliefs. It is not about accounting. What we have 
witnessed this past week is another attempt to hide the unpopular 
reality with layers of misleading rhetoric and hollowed promises. The 
truth? The truth is that many individuals who object to contraceptives 
and abortion-inducing drugs as a matter of religious principle will 
still have to provide them and pay for them. Don't fool yourself; they 
are not going to be free. Drug companies don't walk in and give away 
free drugs. Pharmacists don't dispense them free. Of course, the cost 
will be passed along to every employer and every American in the form 
of premiums that we pay. Calling these services free is flat wrong. 
There is a cost and, unfortunately, it is a high one at that. They come 
at the cost of our religious freedoms.
  The administration's position is that it can force insurers to 
provide contraceptive coverage for ``free'' because the drugs are 
cheaper than the cost of being pregnant. Our government said that at 
the very highest level. That logic is unprecedented and it is downright 
disturbing. Who is to say that in days to come the administration won't 
order health plans to cover abortion free on the premise that it is 
cheaper than the cost of prenatal care, birth, and caring for human 
life? The same twisted logic could apply for physician-assisted suicide 
and a whole array of controversial procedures.
  Many out there may try to refute this by repeating the President's 
claim that the law prohibits mandated abortions, but that same claim 
promised to protect the religious liberties he is now forcing many to 
violate. Well, many of us will not sit idly by and watch this 
unprecedented effort, and I am not alone. The President should listen 
to the country. The gimmicks of the 2009 bill may have put some to 
sleep. This time Americans are not being fooled. Americans of all 
faiths, all beliefs, of different views on a whole variety of topics 
share a love for their Constitution and the rights embodied in that 
Constitution. Well, they are awake now and their eyes are fully open.
  As a Catholic myself, I could not be more proud of the Catholic 
bishops for standing strongly. Their statement rejecting the 
President's smoke-and-mirrors compromise is compelling and it is spot 
on. The bishop said:

       . . . today's proposal continues to involve needless 
     government intrusion into the internal governance of 
     religious institutions and to threaten government coercion of 
     religious people . . . to violate their most deeply held 
     convictions.

  And they go on to say:

       In a Nation dedicated to religious liberty as its first and 
     its founding principle, we should not be limited to 
     negotiating within these parameters. The only complete 
     solution . . . is for HHS to rescind the mandate of these 
     objectionable services.

  Yes, we were told by the President's Chief of Staff negotiating is 
over, it will now be our way or the highway.

[[Page S550]]

Well, the bishops responded. The bishops called the President's attempt 
to appease them unacceptable. Yes, America has been awakened and now 
Congress must act on their objections.
  There is legislation waiting to be debated that would protect the 
religious liberties granted in our Constitution. The legislation 
introduced by Senator Roy Blunt holds President Obama to his promises. 
This legislation continues the 200-year tradition of this great Nation 
ensuring those who believe in the sanctity of life are not forced to 
have a hand in someone else's death. It protects conscience rights 
across the board. There is a bottom line and the bottom line is this: 
If President Obama is allowed to dictate to religious organizations 
what beliefs they will be allowed to hold or not to hold, then this 
country we all love will be a much different place and it will be a 
much different place for our children and grandchildren.
  If the President succeeds, then our Constitution is no longer the 
defining document of a great Nation. Well, we do know the position of 
this administration, and I stand here today to categorically reject it.
  I yield the floor, and I note the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  The ACTING PRESIDENT pro tempore. The Senator from Tennessee.
  Mr. CORKER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

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