The Attorney General of California, Xavier Becerra, has insisted that a group of Catholic nuns, the Missionary Guadalupanas of the Holy Spirit, must pay for health insurance that funds abortion.
The battle began in June 2017, when the Missionary Guadalupanas of the Holy Spirit, headquartered in California, filed a complaint against a 2014 Californian state decision mandating that all health insurance plans include abortion coverage. The nuns argued that the ruling, which obliged them to pay for "the practice of abortion on demand for other plan participants," went against their Catholic faith and was "gravely contrary to the moral law."
As the attorney representing the nuns stated:
"Our clients, the Guadalupanas, just want their conscience rights (and those of others who may hold different, but sincerely held views, as well) to be respected as provided for under the law."
The Skyline Wesleyan Church of La Mesa also joined the sisters in their opposition to the mandate.
California refuses to back down
On 24 January 2020, the US federal government sided with the nuns when it threatened to cut funding to California, in accordance with the 2005 Weldon Amendment, which stipulates that funding can be denied to state and local governments if they discriminate against health insurance plans that don’t include abortion.
In the US, federal government legislation, which represents the whole country, takes precedence over state legislation, which is localised. Often there are clashes between these two types of ruling.
In response to the federal government, Becerra attempted to deflect away from the Weldon Amendment by claiming, on 21 February, that "California has the sovereign right to protect women’s reproductive rights."
However, California has so far refused to officially inform the federal government whether it will comply with the Weldon Amendment, though Becerra has said that the state will take "no corrective action."
Prejudice against pro-lifers
Until 2014, Californians were free to choose abortion-free health insurance. The 2014 mandate was largely prompted by Planned Parenthood, which campaigned for the law in response to two Catholic universities that, in 2013, refused to continue funding staff abortions. Planned Parenthood insisted that religious groups be forced to pay for abortions.
Despite objections from such organisations as the U.S. Conference of Catholic Bishops, the federal government under the Obama administration did not oppose the 2014 mandate.
However, President Trump, who many consider to be the most pro-life president in history, has lent his support to the Missionary Guadalupanas of the Holy Spirit.
As the nuns’ attorney has stated:
"We’re not out to start or continue a culture war. We’re just out to make sure that the beliefs of people like the Guadalupanas are respected."
The attorney added: "We’re not seeking to cut off federal funds. All we’re seeking is a respectful conversation, but one that is now clearly backed by the government [the Trump administration] which recognizes that this is a violation of conscience rights."
John Smeaton, SPUC Chief Executive said: "The hostility directed by the California state authority towards the faith and principles of these Catholic sisters is shameful and is part of a larger war against the pro-life movement and the family which is also being waged in Britain in many different ways."