Update (May 5, 2023 | 1:30 EST): Recognizing that the position of the Department of Health and Human Services was indefensible, on Friday May 5 the Biden Administration rescinded its threat to revoke the certification of St. Francis Hospital over the sanctuary candle, thereby, at least for now, discontinuing its lawfare against Catholics and their institutions.
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The Department of Health and Human Services (HSS), having already proposed a regulation to restrict the conscience rights of medical personnel whose faiths prevent them from participating in abortions and gender transition procedures, may have reached an all-time low in its disregard for religious freedom.
HSS has ordered officials at the highly rated Saint Francis Hospital South in Tulsa, Oklahoma, to extinguish the sanctuary lamp, living flame, or eternal candle honoring Christ in its chapel, claiming it is a safety hazard. This situation is noteworthy because of it implications for other Catholic hospitals which could face similar unjust sanctions. The HHS, of course, is under the direction of Secretary of HSS, Xavier Beccera, a self-described Catholic despite his support for abortion and other policies inconsistent with Church teachings.
The dispute began when the Joint Commission, which is affiliated Centers for Medicare and Medicaid Services and HSS, ordered officials St. Francis South—part of the twelfth largest hospital group in the Nation, a division of the more than sixty-year-old St. Francis Health System, that operates five not-for-profit facilities in eastern Oklahoma—to extinguish the living flame in its chapel. The system employs 11,000 people, cares for approximately 400,000 patients annually, and provided more than $650 million in free medical care to needy patients during the past five years.
If officials refuse to remove the sanctuary candle, HSS could deny St. Francis the ability to serve Medicare, Medicaid, and High Risk Percutaneous Coronary Intervention individuals, otherwise referred to as CHIP patients who might otherwise not receive medical services.
Without stating why, the inspecting surveyor specifically asked to see the chapel to check whether it had a sanctuary lamp. On finding the living flame, which had been displayed there for fifteen years without incident, the inspector ordered hospital officials to extinguish it as an alleged risk under federal fire safety regulations.
What the surveyor and HSS conveniently ignored is that the candle was present pursuant to the Roman Missal, the repository of prayers, chants, and instructions for the celebration of Mass in the Roman Catholic Church which states that “In accordance with traditional custom, near the tabernacle a special lamp, fueled by oil or wax, should shine permanently to indicate the presence of Christ and honor it.” It is thus part and parcel of sincerely held Catholic beliefs.
The lamp, which witnesses to Christ’s Real Presence in the Eucharist, is enclosed behind two glass candleholders, covered with brass, and attached to a wall, in a corner behind the altar, posted over six feet high. As an extra precaution, the lamp is near sprinklers, far from medical equipment or individuals who might be at risk if they are carrying oxygen tanks or nasal cannula.
Representing the hospital, on May 2, 2023, the Becket Fund for Religious Liberty, a public interest group specializing in such issues, along with its private law firm, Yetter Coleman LLP, in Houston, Texas, wrote a letter to Beccera, HHS officials, and others notifying them it would file a federal suit lawsuit if the directive is not rescinded.
The safety of all in hospitals, of course, must be a paramount concern. But it is unclear how, absent hostility toward Catholics and the Catholic Faith, a self-contained flame in the chapel is so problematic, especially because it has been present for fifteen-years without incident. And, to use the candle as a basis to deny the hospital it accreditation while depriving many poor and needy of potentially life-saving needed medical services is irrational and outrageous.
Becket’s letter acknowledged that on April 20, 2023, HSS rejected hospital officials appeal of the directive as it was seemingly untroubled by more than a dozen other flames in it such as pilot lights and in gas stove heaters. The Becket letter noted that “for 63 years, the eternal flame has burned at Saint Francis Hospital Yale Campus, the largest hospital in the state of Oklahoma, without problem or concern.”
Consequently, it is preposterous that the HSS would rely on such a slim reed to prevent a Catholic hospital from following its teachings by affording spiritual comfort to patients, guests, and staff when they visit Christ in the Eucharist in its grossly over-reaching misinterpretation of fire safety standards.
Turning to the likely successful legal arguments Becket raised if HSS does not rescind its ill-advised order, Becket’s letter explained that HSS violated the First Amendment under which “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof….” The letter added that the order contravened the Religious Freedom Restoration Act which is designed to protect the free exercise of religion for three reasons.
First, the order imposes a substantial burden because the candle is essential both under Church law and the beliefs of St. Francis Hospital as a witnesses to the presence of Christ. Moreover, the inspector’s suggestion that officials install an electric flame imposes a substantial burden because this would make the practice of the Catholic faith more expensive while placing it at risk of losing the opportunity to serve the needy.
Second, the HSS lacks a compelling interest to order officials to extinguish the candle because there are over a dozen flames throughout the hospital for secular purposes in kitchens and laundry rooms. Third, the order is unlawful because it fails to offer the least restrictive means of resolving the matter insofar as HSS could grant the hospital a waiver or compel it to install greater safety measures, neither of which it suggested.
Hopefully HSS officials will “see the light” and recognize the error of their way, rescinding the order to extinguish the living flame. To do so in the best interest of safeguarding religious liberty and the needs of the people in Oklahoma. And, if this matter is litigated, they are likely to lose.
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Pathetic – what to do?
WAIT – I HAVE AN IDEA!!!
I solemnly and officially and facetiously pronounce that ‘The Department of Health and Human Services’ under Joe Biden is a safety hazard.
There – it’s done.
Now – we can shut it down and wait for some grown-ups to show up who can run it.
(And make sure the spelling is correct.)
Render unto Caesar…
It is a two way street. Give not an inch to the atheists intent upon irradicating Catholic Health Care.
Blah, You forgot the point, “and unto God, which is God’s”. This candle is certainly God’s, not Ceaser’s.
oops, I meant Caesar’s
Solution to satisfy the uni-party establishment robots:
“Our lit sanctuary candle identifies as unlit.”
“Reality is Perception” certainly suggests a flame of truth.
In recent years much of the attentive American public has worried about the public hazard of the permanent flame at the grave of President Kennedy! A pet or small child might fall into this safety hazard…
Likewise, the permanent flame at Arlington National Cemetery! What is the calculable risk that during dry summers it might ignite a spreading grass fire, perhaps even sparking and torching the Capitol and White House as was done by the British during the War of 1812?
Whatever is to be done, too, about the flame at the Tomb of the Unknown Soldier in the very center of Paris and the European continent? Yes, HHS must be more “inclusive” in its persecutions, also considering that the candle problem is globally ecological. Probably even involving the UN and violations of climate change initiatives!
Even now—considering the endangered Antarctic Ice Shield—the ACLU is likely to file a class action lawsuit against the HHS on behalf of the left-leaning penguin population. Something about negligent and discriminatory federal regulations.
If I remember correctly a nun one time accidentally doused it with an over zealous application of holy water to the grave.
Here is another example of the war against Christians, Christianity, specifically, Catholicism. The dangerous and pressing social/political trend of today is not anti-Semitism, it is Christophobia. FBI agents do not sit in synagogues spying on Jews.
How do we know that the FBI isn’t spying on Jews & why would we not assume that in the first place?
Hasidic Jews were targeted for ignoring Covid lockdowns & they are every bit as traditionally minded about family & marriage as we are. And they’re pro-life. If traditional Catholics are an FBI concern for those reasons it stands to reason that Hasidic & ultra-Orthodox Jews would be too.
It probably has something to do with the emission of carbon.
How about all the unnecessary testing – why doesn;t HSS go after that? that’s dangerous or can be
Dept of Health and Human Services, has an Orwellian ring.
Biden admin backs down in battle over Catholic hospital’s chapel candle, By Thomas Catenacci | Fox News
Ok, we all know it is a slap at the Real Presence and the Catholic faith cause if this was a Wicca or some other alter belief system, some justification would be made for the lamp. Perhaps there would be restrictions, but still allowed.
However, that acknowledged, many older churches, buildings, and homes burned to the ground in ages past due to flame lighting. For years now, many city ordinances forbid even unlit candles in some buildings, including schools, based on safety. (The idea bring that someone may light the wick anyway and an accident could follow.). Thus at prayer tables one finds small electric lit devotional stands.
Perhaps, some special protections could be developed.
Me thinks, it is tied to the fact that the hospital receives funding from the government. Hence, they cannot have that flame burning since it will encourage other religions to have their religious symbols displayed. Instead of ranting and raving, it would be easy to have the Catholic Church fund its own hospital. If they can pay billions to the victims of the Catholic clergy abuse, surely, they can find the funds for the hospital.
This IS their own hospital, doll. Hence the name St Francis Hospital. Maybe the church should exit hospital support totally and let folks fend for themselves. Clearly the often FREE services provided by Catholic hospitals is not appreciated.
Harassment out of spite, plain and simple.
Please note that the Joint Commission is an independent organization and is not affiliated with DHHS.
I used to be the choir director in the chapel at this hospital in the late 1970s. I met some great priests there. It’s where the bishops would send all the “problem” priests (i.e. those who were too orthodox and not hip enough for the trendy liturgies).
HHS, surely, not HSS?
Yes. Thank you.
SS?
I wonder what old Joe would have thought of the 5 small fires of incense burning on the holy altar in the act of consecration in the NEW IMMACULATA at St. Mary’s Kansas on Wednesday of this week? I was there. I witnessed it. I lauded it. I LOVED it.
I am embarrassed as a Catholic to see all the false victimhood expressed so often when ever we are asked to abide by regulations we don’t like. Christ does not disappear because a flame has been put out for safety reasons. It does not matter that the flame was permitted to exist for 15 years. Now it may not be permitted. So what? Pray does not exist in external symbols it exists within our own hearts.
Is there a single documented case of a tabernacle lamp starting a fire?
Petty? Thy name is HHS.
Never forget Obamas visit’s to Notre Dame & Georgetown in the Spring of 2009.All images of Christ were to be removed or covered up with sheets Before “The One We Were Waiting For……” would show up and pontificate with his pal Biden.The leaders of these hallowed halls were only to happy to comply & oblige.I see a pattern here!
and they went along with it? they should have said take it or leave it