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Calif. governor signs state college campus abortion pill mandate into law

October 14, 2019 CNA Daily News 3

Sacramento, Calif., Oct 14, 2019 / 11:48 am (CNA).- California governor Gavin Newsom signed into law Friday a measure requiring public universities to provide free access to medical abortions for students.

The law will take effect in 2023, and applies to the 34 campuses of the University of California and California State University.

Sen. Connie Levya (D-Chino), the law’s author, said Oct. 11 that “abortion is a protected right, and it is important that everyone—including college students—have access to that right, if they so choose. I thank the Governor and my legislative colleagues for upholding the right to choose and affirming the right of college students to access medication abortion on campuses here in California.”

The law will also create a fund to provide a $200,000 grant to each public university student health center to pay for the cost of offering abortion pills, with money coming from nonstate sources such as private sector entities and local and federal government agencies.

The law will only take effect if $10.29 million in private funds are made available by Jan 1, 2020, which funding has already been secured according to an Aug. 12 analysis of the bill by the State Assembly’s appropriations committee.

It also requires abortion counseling services to students, but it is “specifically written in such a way to exclude pro-life counseling,” the California Catholic Conference said in a statement on their website.

Former Governor Jerry Brown, a public supporter of abortion, vetoed a similar bill last September, saying it was was “not necessary,” as abortion services are already “widely available” off campus.

The California Catholic Conference was opposed to the law as it passed through the legislature, and last month the group urged Newsom to veto “this unprecedented and unnecessary legislation because it purposely narrows a young woman’s choices and puts the state’s prestigious academic institutions in a position of actually promoting, facilitating and potentially funding only abortions.”

Currently, a majority of campus health centers offer gynecological services and contraceptives, but they will refer students seeking an abortion to an off-campus abortion clinic.

The California Catholic Conference said the bill overemphasizes abortion as an option for college pregnancies. While the bill invites health centers to include abortion counseling services, the conference said it is “specifically written in such a way to exclude pro-life counseling.”

“This bill will promote only abortion-inducing drugs on college campuses,” said Andrew Rivas, executive director of the conference. “No government-funded institution, medical or counseling center, should ever provide only one set of services. If this bill is truly about providing choices for female students, the state should then also require and fund life-affirming services on campus.”

“Offering state-funded abortions as the only alternative to pregnancy undermines the ability of a state academic institution to promote the value of diversity and the empowerment of women,” he added.

Medical abortions involve the taking of two pills – the first, mifepristone, blocks progesterone, which is essential for maintaining the health of the fetus. The second pill, misoprostol, is taken 24 hours after mifepristone and works to induce contractions in order to expel the fetus.

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News Briefs

Tax churches that oppose gay marriage, Democratic candidate says

October 11, 2019 CNA Daily News 1

Washington D.C., Oct 11, 2019 / 01:00 pm (CNA).- A Democratic candidate for president has said religious institutions should be stripped of their tax-exempt status if they oppose same-sex marriage. 

On Thursday night, during and Equality Townhall hosted and broadcast on CNN, Robert Francis O’Rourke, a former congressman, was asked by CNN anchor Don Lemon if he thought that  “religious institutions like colleges, churches, charities, should they lose their tax exempt status if they oppose same sex marriage?”

O’Rourke answered “yes,” and after applause and cheers from the crowd, added, “there can be no reward, no benefit, no tax break, for anyone or any institution, any organization in America that denies the full human rights and the full civil rights of every single one of us. And so, as president, we’re going to make that a priority, and we are going to stop those who are infringing upon the human rights of our fellow Americans.” 

Sen. Cory Booker (D-NJ), another presidential candidate, was asked earlier in the night if he would strip the tax-exempt status of churches who were opposed to same-sex marriage. Booker said that such a move would entail a “long legal battle,” but signaled his sympathy with the idea. 

“I’m saying I believe fundamentally that discrimination is discrimination,” he said. “And if you are using your position to try to discriminate others, there must be consequences to that. And I will make sure to hold them accountable using the DOJ or whatever investigatory [body].”

Both O’Rourke and Booker are averaging less than 2% in polls of democratic voters. 

Of the five largest Christian denominations in the United States–the Catholic Church, the Southern Baptist Convention, the United Methodist Church, the Church of Jesus Christ of Latter-Day Saints, and the Church of God in Christ–none condone or perform same-sex marriages and all consider same-sex activity to be sinful. 

Same-sex activity is banned in most mainstream forms of Islam, and most Orthodox Jewish rabbis will not conduct same-sex marriages. 

Tax-exempt status for religious institutions is protected by Supreme Court precedent.

In the 1970 case Walz v. Tax Commission of the City of New York, the court found that exempting religious institutions from taxes did not violate the Establishment Clause of the First Amendment. 

On the contrary, the Court decided that taxing churches could increase government entanglement with religion, as a church may be unable to pay its tax bill and be shut down. In order to avoid this from happening, the court instead the court found in favor of continuing to exempt religious institutions from taxation. 

Tax exemptions for organizations opposed to same-sex marriage have been an open question since the oral arguments of Obergefell v. Hodges, the 2015 case that resultred in same-sex marriage being legalized throughout the country. 

During arguments, Justice Samuel Alito asked Solicitor General Donald B. Verrilli Jr., who was arguing on behalf of same-sex couples, if colleges or churches would face the same fate as Bob Jones University. In the 1983 case Bob Jones University v. United States, the Supreme Court found that the IRS was right to deny a tax exemption to the school on the grounds that it engaged in racial discrimination by banning inter-racial dating (Bob Jones University dropped its anti-interracial dating policy in 2000, and regained federal tax-exempt status in 2017). 

At the time of oral arguments in Hodges, Verrilli admitted that he did not have an answer to Alito’s question “without knowing more specifics,” and said that “it’s certainly going to be an issue.” 

Luke Goodrich, vice president and senior counsel at the Becket Fund for Religious Liberty, told CNA that he did not believe O’Rourke’s suggestion was constitutionally sound.  

“Stripping the tax-exempt status of religious groups simply because they hold beliefs that the government dislikes is blatantly unconstitutional,” said Goodrich. 

“It’s also foolish because those groups provide billions of dollars in essential social services to their communities. Churches and ministries should be allowed to hold centuries-old beliefs without fear of government retribution.” 

Transgender issues were also discussed on Thursday night, and transgender activists interrupted the townhall several times throughout the event. A nine-year-old girl who identifies as a transgender boy questioned frontrunner Sen. Elizabeth Warren (D-MA) about what she would do to protect transgender children in schools. Warren said she would dismiss the current Secretary of Education Betsy DeVos, who she characterized as one of the worst people to hold the position. 

“I want to make sure that the person I think is the right secretary of education meets you and and hears your story, and then I want you to tell me if you think that’s the right person and then we’ll make the deal,” Warren said to the child.

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