Monday, January 25, 2021

Policy versus politics: A retrospect and prognosis


A physician member of the Christian Medical Associations (CMA) recently asked me for a perspective on the tragic temporary takeover of the U.S. Capitol and the role of politicians before and after that tumultuous event.

The physician's email began, "I’m so saddened by this incident and so appalled…."

I've been asked to share the response to that physician more widely, so my edited response is below, followed by some thoughts on public policy ministry, the past four years and the next four years.

Thoughts on the Capitol takeover and surrounding events

I responded to the physician's concern and request for perspective about the Capitol takeover and surrounding politics as follows:

"If we as Christians view politicians as leaders whom God can use for His ends, we should be fine. For anyone who saw a particular politician as a savior, that's another story, of course. But I don't personally know of any believers who view politicians that way.

"A political loss can bare flawed character if a politician is not familiar enough with repentance and redemption and has never laid his or her ego at the cross. Such public personal failures can serve as a reminder to us all that the enemy will exploit the weakest point in our character. None of us is above such failure."

Policy versus politics

Those thoughts touch upon how I've personally navigated Washington, DC, serving as CMDA's representative for well over a quarter of a century. Besides sensing a distinct calling from God to serve in this arena, the key consideration I have found helpful is distinguishing between politics and policy.

Politics focus on personalities, image, perceptions, peer pressure, emotions. Attaining and retaining power all too easily becomes the goal of politics and politicians.

By contrast, policy focuses on principles, ethics and real-world solutions. A politician can promise to save the world, but the dream can come crashing down with personal failures or worse, assassination. A policy endures beyond personality because it is grounded in a principle, an idea, a value.

Nonpartisan and realistic

As a nonpartisan, nonprofit organization, CMA works with political leaders as a means to an end, which is the advancement of policies that align with member-adopted positions and the restraint of policies opposed to those positions. We're happy to work with the Republican Party, the Democrat Party or the Birthday Party—whoever supports our positions.

While we focus on policy and not politicians, we realistically recognize that some politicians are much more likely than others to advance favorable policies. Unfortunately, one of the major political parties has officially adopted a pro-abortion platform and has effectively driven out of the party any candidates who conscientiously object to that policy.

So realistically on pro-life legislation, that means I spend most of my time in Washington, DC working with the other party—not because CMA is partisan, but because that's where the pro-life politicians are at this point in history. Since my responsibilities include covering not only Congress but also the White House and federal agencies, focusing on the most likely productive paths to influence is simply a matter of efficient stewardship.

2021 and beyond

Realistically speaking, we now face the prospect of four years with an administration and a majority in Congress who are on record supporting policies in direct contradiction to CMA membership-endorsed official policy positions. Based on public statements and the positions of advisors and supporters, the symbiotic agenda of the new administration and Congress appears likely to include:

·         Ending efforts to enforce the 2019 HHS conscience rule that would have protected conscience freedom for healthcare professionals. CMA has been fighting in court alongside the U.S. government to protect the 2019 rule.

·         With allies in Congress, removing Hyde Amendment pro-life legislative restrictions on government funding of abortions.

·         Overturning the Mexico City policy and opening the door to taxpayer funding to groups that promote abortion overseas.

·         Overturning the pro-life rule that reformed Planned Parenthood's cash cow, the Title X family planning program, instead making grant partnerships once again hinge on presenting abortion as an alternative. Such a change would result in increased funding to Planned Parenthood groups while disqualifying any pro-life centers that otherwise could assist poor patients with Title X grant programs.

·         Advocating for the FDA to lift safety restrictions on chemical abortion drugs, which according to a review of CDC data are already fueling a rise in the number of abortions.

Besides this assault on life-affirming policies, the new administration and Congress are also expected to:

·         elevate LGBTQ rights over religious freedom, such as passing the Equality Act and also enforcing the 2016 HHS transgender mandate. CMA has been in court fighting that mandate to protect our members' conscience and medical judgment;

·         entertain party pressure to at least attempt to pack the Supreme Court with additional, abortion-affirming justices;

·         end the Senate filibuster that provides the minority party with a measure of power to block partisan legislation and appointments;

·         Admit new states such as the District of Columbia and Puerto Rico (and possibly also the US Virgin Islands, American Samoa, Guam and the Northern Mariana Islands), in a move to put a long-time lock on the party's political power.

Next steps

I ended my communication with the physician friend who queried me about how to respond to recent political chaos by saying, "Now we are left, for the moment, without a clear political leader while facing perhaps the greatest political threat since the Civil War to our values and our country's carefully built foundations.

"So for those of us who know the real Leader, this is a time for prayer and carefully considered, courageous action as He leads.

"I'm thankful that you are one of those who will do so, like Daniel and Esther of old. God equip us and use us for His purposes in these dark times."

Like this concerned physician, many members of the Christian Medical Association have banded together precisely to address the challenges of steering an increasingly secular culture back toward biblical, life-affirming policies.

I encourage you to pray--earnestly and regularly--for these efforts in Washington, DC and in the states.

God may well be leading you to take a stand personally and professionally. You will find here a number of engagement options to consider, including working in the government, serving on federal commissions and providing Congressional counsel and testimony.

Consider if God is calling you as a Christian health professionals to follow the examples of the biblical Daniel and Esther, by:

1.     Committing now to following God's commandments and conscience principles, as Daniel did: "But Daniel made up his mind that he would not defile himself…." (Daniel 1:8).

2.     Deciding now to be prepared to sacrifice your career, your reputation, whatever it takes to faithfully follow God's principles, as Queen Esther did: "… if I perish, I perish” (Esther 4:16).

See how great a love the Father has bestowed on us, that we would be called children of God; and such we are. For this reason the world does not know us, because it did not know Him.    Beloved, now we are children of God, and it has not appeared as yet what we will be. We know that when He appears, we will be like Him, because we will see Him just as He is. And everyone who has this hope fixed on Him purifies himself, just as He is pure. --1 John 3:1-3

 

Addendum: Highlights of policy accomplishments 2017-2020

I recently attended a White House meeting with Vice President Mike Pence to celebrate some policy accomplishments of the past four years—many of which CMDA helped advance. This addendum lists some of those highlights.

Conscience freedom

·         Creating the Conscience and Religious Freedom Division within the U.S. Department of Health and Human Services (HHS) Office for Civil Rights, which:

o   Issued a final rule to strengthen enforcement of Federal laws protecting the conscience rights of healthcare workers and entities; and

o   Enforced Federal laws protecting conscience against the States of California and Hawaii that had required pro-life pregnancy resource centers to refer clients for abortions.

o   Issued a Notice of Violation to California, formally notifying California that it cannot impose universal abortion coverage mandates on health insurance plans and issuers in violation of federal conscience laws.

o   Sued the University of Vermont Medical Center after it unlawfully forced a nurse to assist in an elective abortion procedure over the nurse’s conscience-based objections.

  • Issuing final rules protecting religious orders, pro-life organizations, and other organizations and individuals that have religious or moral objections to providing coverage for contraceptives, including those they believe cause early abortions, in their health insurance plans.

·         Issuing regulations on Obamacare to protect life and conscience, including requiring Obamacare insurers to issue separate invoices for insurance coverage of abortions, and reversing the Obama Administration’s efforts to force recipients of certain Federal funding to provide or pay for abortions.

·         On December 16, 2020, the Justice Department filed a civil lawsuit against the University of Vermont Medical Center for discriminating against health care workers who follow their conscience and refuse to perform or assist with abortions, in violation of the federal anti-discrimination statute known as the “Church Amendments” that protects such workers.

·         HHS published two final rules in November 2018 to provide protections for Americans with religious beliefs or moral convictions in the context of health services. The first rule provides an exemption from Obamacare’s contraceptive coverage mandate to entities that object to services covered by the mandate on the basis of sincerely held religious beliefs. The second rule provides protections to nonprofit organizations, small businesses, and individuals that have non-religious moral convictions opposing services covered by the mandate.

·         HHS’s Office of Civil Rights ensured that patients can receive safe religious visitations from clergy during COVID-19.

Sanctity of human life

·         Reinstating the Mexico City Policy to end Federal funding of foreign non-governmental organizations providing family planning abroad if they perform or actively promote abortion as a method of family planning. Expanding the Mexico City Policy to more than $8 billion in global health assistance provided by all Federal departments and agencies—without compromising U.S. support for global health programming, including women’s health programming.

  • Supporting pro-life legislation including:

·         No-Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2019.

·         Pain-Capable Unborn Child Protection Act.

·         Born-Alive Abortion Survivors Protection Act.

·         Publishing a regulation to prevent the commingling of taxpayer dollars funding the Title X family planning program with projects that perform, promote, or refer for abortion as a method of family planning. Allowing Title X family planning grantees to exclude, as subrecipients, organizations that perform or promote abortions. Funding 16 new organizations as Title X grantees, including State health departments, faith-based organizations, and several community health centers.

  • Ending HHS funding for new medical research using human fetal tissue obtained from elective abortions, unless authorized by an ethics advisory board.

·         Reissuing guidance, Interaction of the Emergency Medical Treatment and Labor Act (EMTALA) and the Born-Alive Infants Protection Act of 2002, that hospitals may be required to screen, stabilize, and treat or transfer “every infant who is born alive, at any stage of development” including those born alive after abortions.

·         Issuing an Executive Order on Protecting Vulnerable Newborn and Infant Children, reinforcing requirement that all hospitals in the United States to provide medical treatment or an emergency transfer for infants who are in need of emergency medical care—regardless of prematurity or disability.

·         Issuing a 2018–2022 HHS Strategic Plan that recognizes a core component of HHS’s mission:  to serve and protect all Americans “at every stage of life, from conception” and to advance global health security through respect for “the inherent dignity of persons from conception to natural death.”

  • Opposing efforts at the United Nations to make abortion an international human right.
  • Advocating for the protection of women and children, born and unborn, as a global health priority, including by building a coalition of countries representing over one billion inhabitants.
  • Signing the Geneva Consensus Declaration, a historic document strengthening an international coalition to achieve better health for women, the preservation of human life, support for the family as foundational to a healthy society, and the protection of national sovereignty in global politics.

Religious freedom

·         Signing an Executive Order in May 2017, Promoting Free Speech and Religious Liberty, to establish the policy of the executive branch “to vigorously enforce Federal law’s robust protections for religious freedom.”

·         Signing an Executive Order in May 2018, Establishment of a White House Faith and Opportunity Initiative, to provide recommendations on programs and policies where faith- based and community organizations may partner and/or deliver more effective solutions to poverty.

·         Nominating former U.S. Senator Sam Brownback of Kansas  to be Ambassador at Large for International Religious Freedom. I meet weekly with Ambassador Brownback and others to develop strategies to address persecution of people of faith worldwide.

·         Placing religious freedom on the center stage at the Global Call for Religious Freedom event at the United Nations during the 2019 U.N. General Assembly in New York, at which he announced that his Administration will dedicate an additional $25 million to protect religious freedom and religious sites and relics.

·         Signing an Executive Order on Advancing International Religious Freedom on June 2, 2020, that defined international religious freedom as a moral and national security imperative, solidifying religious freedom as a foundational principle of American foreign policy.

·         The Departments of Health and Human Services, Justice, Labor, Homeland Security, Education, Housing and Urban Development, Agriculture, and Veterans Affairs, and the Agency for International Development promulgated joint final rules ensuring that religious and non-religious organizations are treated equally in federally funded programs, and that clarifies that religious organizations do not lose their legal protections and rights by participating in federal programs and activities.

·         On Religious Freedom Day (Jan. 16) in 2020, the Office of Management and Budget (OMB) released a Memorandum to all agencies providing guidance on administering Federal grants in a manner that ensures that religious organizations are able to compete on equal footing for Federal financial assistance—including Federal financial assistance that is distributed through or by a State entity.

·         On October 6, 2017, the Attorney General of the United States, fulfilling the President’s directive in the May 2017 Executive Order on Promoting Free Speech and Religious Liberty, issued a memorandum to all Executive Departments and Agencies that described 20 principles of religious liberty and provided guidance to agencies for implementing these principles in their administrative work and enforcement actions.

·         Administration took a stand on behalf of individuals’ and private organizations’ religious liberty in the courts, filing many briefs in court cases. For example, in a case impacting CMDA student ministries, a Statement of Interest  supported  the First Amendment freedoms of the student organization Business Leaders in Christ, which the University of Iowa (UI) deregistered because of UI’s disagreement with the organization’s Statement of Faith.

·         During the coronavirus pandemic, the Justice Department took a stand on behalf of religious liberty rights in courts and with state and local governments, including filing statements of interest challenging restrictions on houses of worship: in Colorado in which the Supreme Court has granted the church relief; in Washington, DC in which the court granted an injunction protecting religious worship;  and in the States of Washington,  Virginia, and Mississippi.  The administration also filed a Statement of Interest challenging restrictions on religious schools in Michigan.

·         On July 15, 2019, I attended the Justice Department's Summit on Combating Anti- Semitism that addressed the increase in anti-Semitic incidents on campuses, the balance between fighting anti-Semitic rhetoric while respecting First Amendment freedoms, and the Department’s record in prosecuting hate crimes against Jews.

·         In July 2018, I attended the State Department's first-everlix Ministerial to Advance Religious Freedom. At the end of the summit, the State Department released the Potomac Declaration and Potomac Plan of Action, which emphasized the importance of religious freedom to the U.S. Government and outlined specific steps for countries to follow to protect religious freedom. The Administration also announced the establishment of the International Religious Freedom Fund, a multi-donor fund that provides rapid assistance to victims of persecution throughout the world.

·         The Secretary of State announced the creation of the Commission on Unalienable Rights to generate a debate about human rights that extends across party lines and national borders. The Commission released its report in August 2020.

Rule of law

·         Nominating over 260 Federal judges confirmed by the Senate who will uphold the United States Constitution, including three Associate Justices of the Supreme Court.

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