The right to Episcopal authority
In Texas, a Catholic bishop made two hospitals cease doing tube-tying operations for women who are not going to have more babies. In Arizona, a nun was excommunicated and the hospital where she works was expelled from the church after 116 years for allowing doctors to terminate a pregnancy to save a woman's life. At the same time, some doctors and other health professionals have faced disciplinary action for refusing to perform procedures or provide medications that go against their religious beliefs.
Should Catholic hospitals be able to restrict doctors from performing common and legal medical practices? Do such restrictions unfairly impinge on the rights of non-Catholic patients and doctors, particularly those in rural or underserved areas where alternative hospitals are not readily available?
In a couple of weeks, the Green Bay Packers and the Pittsburgh Steelers will face each other in Superbowl XLV. If you watch the Fox network, you'll see many promotions for the upcoming Superbowl broadcast. You'll also see advertisements urging people to prepare for it by purchasing food, drinks and big screen TVs. Those ads however, will not use the term "Superbowl." They may talk about "the big game," but "Superbowl" is a trademark of the NFL. Other entities are not allowed to use it without permission (typically obtained by paying a fee).
Corporations, associations and institutions invest lots of time and money in building their reputations. Often those reputations depend upon the ability to restrict the use of their trademarks. McDonald's, for instance, would not permit a competing restaurant to sell a sandwich called a "Big Mac." The Disney Corporation is well known for protecting its reputation, even if that means cracking down on a small-time nursery school that puts a drawing of Mickey Mouse on its sign.
If a corporation does not protect its trademark, the term can fall into general usage and lose all of its legal protection. If that happens, the name also loses its value. Aspirin, for instance, was once a trademark name, but it became widely used and the holder of the legal rights did not assert them. Accordingly any manufacturer can now sell aspirin. The same is true of escalators, zippers, yo-yos, and Webster's Dictionaries. Several years ago Xerox ran a campaign urging lawyers not to ask their secretaries to Xerox pages but to ask them to "photocopy" pages. Similar discussions have been had by the people who make Kleenex brand tissues, and Google is starting to worry about this too.
Unfortunately, too many "Catholic" colleges, universities, and hospitals are afraid to embrace their faith. Catholic politicians not only resist clear Church teaching, in some cases they lead the people to confusion by making false statements about the faith. There are even some groups that call themselves "Catholic" but openly work against Church interests. The organization "Catholics for Choice," for instance, devotes lots of energy to misinterpreting Church teaching and to trying to have the Holy See ejected from the United Nations. It should not, in any sense of the word, be considered Catholic.
It may be impossible for the Church to control the term "Catholic" in the same way that the NFL controls the term "Superbowl." It is encouraging, however, to see Bishop Thomas J. Olmsted stand up to pressure, even to the point of revoking the Catholic status of St. Joseph's Hospital and Medical Center, in order to enforce Catholic teaching.
The Catholic Church has a clear standard of ethics when it comes to medical issues. Bishop Olmsted merely sought to enforce those standards. His final move came after months of discussion and negotiations, and it was not based upon a single episode. The bishop concluded that St. Joseph's Hospital and its parent company were involved in a pattern of behavior that violated Catholic ethical directives. These activities included creating and managing a government program that offers birth control, sterilization procedures and abortion. That is in clear violation of Catholic teaching.
If an entity wants to call itself "Catholic," it needs to live up to the standards established by the Church. That is all that Bishop Olmsted's actions require. Episcopal authority when it comes to Catholic institutions is no more unexpected than NFL authority when it comes to the Superbowl. If people want different rules, they need to look elsewhere, not force their values on the Church.
By
Ronald Rychlak
|
January 25, 2011; 12:01 PM ET
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Posted by: dwickert51 | February 1, 2011 6:21 AM
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"If an entity wants to call itself 'Catholic,' it needs to live up to the standards established by the Church."
First off, a plague on all those who use Super Bowl or any other sports analogies in connection with anything involving the church. A plague and an itchy rash on anyone with the temerity to invoke contract law and trademark protection similarly. Hast thou no shame?
Second, you might conceivably have a point with respect to the term, capital-C, "Catholic". But I prefer the original meaning of the lowercase-c term as it properly describes the universal scope of all Christendom. My church is bigger than your Church.
Posted by: laboo | January 29, 2011 6:35 PM
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Since these hospitals are funded by tax and insurance dollars and are not the church run and financed charity hospitals of yore, hasn’t the Vatican lost the ‘branding rights?’
Posted by: gustav2 | January 27, 2011 7:04 AM
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I, too, believe that the Catholic health care services can dictate what services they will provide. However, I do not believe they should receive federal money for anything if they can't provide all the services that the general population has a right to expect from a hospital. And that includes a woman getting her tubes tied if she doesn't want to have any more children.
If the religious based medical providers want to base their services on their religion, fine. But no government money. It is a easy, clear, no squabbling, line.
I don't want my tax dollars supporting religious institutions that won't provide all the health care the general public has a right to expect.
Branding, indeed. There are lots of Catholics who don't go along with the medieval structure of leadership that still has: princes (of the church) dictating how you live, breathe, and think. We hold onto our faith in spite of - not because of - popes like the recent ones. The last good Popes John XXIII and Paul VI.
Posted by: amelia45 | January 26, 2011 1:22 PM
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If the religious communities, if you will, like to follow certain precepts they are free to do so. I don't feel neither government nor anyone else can interfere with that. That being said the religious institutions such as RCC, Baptists, and whatever shade they may be should not encroach into secular domain unless they are willing to live by the secular rules. Otherwise they can go away like the Amish and remove themselves from the secular world all together.
Given that RCC and all these bigoted religious institutions have a strangle hold, whenever there are these extra secular fiats at the hospitals their funding from the benefactors and the patients should stop patronizing these institutions run by theses bigoted people and institutions. I passionately believe that we secularists should dig and start doing that. Next time when we are going for an elective procedures we should ask this of the hospital and make sure that the specialist we engage has privileges at more secular hospitals too and request that we be treated in those secular hospitals. Cut the bastards off their life line, $$$$$$$.
Posted by: Secular | January 25, 2011 8:43 PM
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This is a church that claims to run a country. It claims to have the right to demand that affiliated hospitals engage in medical malpractice. It runs an ownership shell game so it doesn't have to pay the victims of the bishops who moved rapists around rather than turn them over to the authorities. It told the victims to keep quiet and the bishops conspired to keep the rapists free. When the victims finally did speak up, they avoided responsibility by putting their dioceses into bankruptcy. Benedict refused to take responsibility from the top for that conspiracy, even though the evidence is clear that he knew about it.
The Roman Catholic Church is a pathetic, immoral joke. It is becoming ever more shrill as it falls apart. What it is not doing is reforming. I urge all American Catholics to leave for other churches until the RCC reforms itself. It seems unable to do so without pressure from all.
I have no use for Bishop Olmsted or his totally irresponsible, unethical views of medicine. He is clearly unwilling to acknowledge his errors. He needs to have all hospitals taken away from his control.
Posted by: david6 | January 25, 2011 6:14 PM
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I, personally, believe if using the 'Catholic' designation requires rules that restrict women's health care and in some cases endanger their lives, these facilities should not receive any governmental money. No Medicare, no Medicaid, no governmental research funds, no governmental aid whatsoever. If your beliefs require such restrictions, you really can't expect me to pay for them.
I also feel such an instruction should not be called a hospital. Your driving force appears not to be the practice of medicine, but the practice of religion. Such a facility might be called a religious healing center, but not a hospital. Hospitals provide any medically valid treatment. Apparently Catholic facilities don't
Posted by: gimpi | January 25, 2011 5:27 PM
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No, to use "Catholic" as a trademark name, you have to say "Roman" in front of it. Catholic means "universal," although in common religious parlance we usually mean the Roman church.
But you can't claim a trademark on universality.
Posted by: WmarkW | January 25, 2011 12:19 PM
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Who holds the proprietary rights to Catholicism? Is it the shrinking few, elderly, effete, male only, pseudo celibate, largely closeted, homosexual, socially isolated, hierarchy or the one billion plus, young, vibrant, growing laity, world wide?
Which side of that fence are you on Ronny?