Seminar discusses consequences of the Sexual Revolution

 

Students gathered in Coleman Morse on March 24 for a Right to Life seminar. Phillip Muñoz, Tocqueville Associate Professor of Political Science and Concurrent Associate Professor of Law, discussed the effects of the Department of Health and Human Services (HHS) mandate on religious freedom and life issues.

Muñoz began by clarifying some specifics about the mandate, explaining that it was not an original part of the Affordable Care Act (ACA). Rather, the mandate is how the HHS chose to implement the provision of the law guaranteeing contraceptives.

He further noted the differences between not complying with the mandate and not complying with the entire ACA. It would cost Notre Dame $10 million per year not to comply with the law at all, but a staggering $182,500,000 per year not to comply with only the mandate—a figure about 18 times higher.

The students in attendance expressed concern over these figures, attributing political motives to the huge disparity; because contraception is not essential to healthcare, the government is using the mandate to push an agenda that goes beyond healthcare, some said.

“This seems, on its face, ideological,” Muñoz concurred. He pushed the issue farther, noting that some argue Notre Dame should simply pay the fine for non-compliance with the entire ACA and give its employees a raise.

“[University President] Father Jenkins said we can’t just not comply and kick our employees off of their health insurance plans. In some ways I admire that, even though financially it makes sense for the university to just pay the fine,” he declared.

Muñoz briefly outlined the legal arguments that Notre Dame and Hobby Lobby have employed in court while seeking to obtain an exemption from this mandate. One argument against the mandate is that it violates the Administrative Procedures Act.

“If the Supreme Court wanted to get rid of this problem but not get in the thicket about religious freedom, they have this technicality. They could say the HHS mandate was done procedurally in a way that violates federal law and therefore is null and void,” Muñoz explained.

Additionally, Muñoz described two other arguments: that the mandate violates federal law or the Constitution.

“I think what is most likely to happen is that if Notre Dame and Hobby Lobby win it will because of the federal law not because of the First Amendment constitutional issues. I don’t even think the court will go there,” he asserted.

The federal law argument claims that the mandate violates the Religious Freedom Restoration Act (RFRA), which states: “Religious entities that are substantially burdened in their religious exercises by any federal law have a legal right to an exemption from that law unless the state is pursuing a compelling state interest in the least restrictive means.”

Muñoz added, “You can step back and say that if anything should be private it should be getting your own birth control. The boss should not have anything to do with the employee getting birth control. None of this should be in the public realm at all.”

The seminar participants expressed confusion as to how providing contraception constitutes a compelling state interest. Although proponents of the mandate argue that birth control is essential for women’s equality, students maintained that contraceptive use does not better equip women to ascend the corporate ladder.

Muñoz attempted to explain the government’s position, which holds that contraception is only beneficial and therefore should be provided to all.

This dominant worldview is a result of the Sexual Revolution of the 1960s. “Everything has just changed. All the normal mores that have guided young people from moving from adolescence to adulthood have broken down,” Muñoz explained. “You are the first generation who is born after the sexual revolution. Laws like this are the implementation of the sexual revolution. The cultural attitude toward human sexuality is totally confused right now.”

Muñoz nonetheless shed a positive light on the dreary situation now facing Notre Dame and the world.

“I would like to see Notre Dame using this occasion to teach the world why we hold these beliefs about human sexuality. What an opportunity to say that this is not some archaic Catholic belief, but that there is a real human good here,” he said. “We don’t want to give birth control away because we don’t think that it’s fruitful for our employees.”

Muñoz concluded the session by offering students advice on how to personally change the mainstream attitude and instead proclaim the goodness of the Church’s moral teachings on human sexuality.

“The first thing you can do is learn about these teachings. If they are true, then they will be beautiful. People who are joyful are extraordinarily attractive. You will attract people to you,” he explained. “You can have a powerful impact on friends especially in matters of sexuality because the world is so confused.”

Contact Hailey at hvrdolya@nd.edu.