The Obama Administration Curbs Religious Freedom Chris Gacek During President Barack Obama’s first term, his Administration has taken numerous actions that some religious believers detrimental to their religious liberties and disrespectful towards their rights of conscience. Here are a few examples: Appointment of LGBT advocate: September 16, 2009 – The Obama Administration appointed Chai Feldblum, a lesbian and gay activist, to be a commissioner on the Equal Employment Opportunity Commission. When questioned regarding a Christian employer’s right to hire an employee of his choice, Feldblum stated: “Gays win; Christians lose.” Similarly, Feldblum, when questioned about how she would decide when religious liberty and homosexual “rights” conflict, said she would have “a hard time coming up with any case in which religious liberty should win.”1 FRC President is disinvited: February 25, 2010 – Tony Perkins, president of the Family Research Council, was disinvited to address the National Prayer Luncheon at Andrews Air Force Base outside Washington, D.C. An ordained minister and Marine Corps veteran, Mr. Perkins had planned to give a devotional, non-political message. Mr. Perkins was told that his statements in opposition to the Obama Administration’s efforts to repeal the ban on homosexuals serving openly in the military were grounds for revocation of the invitation.2 Revision of HHS conscience protection rules: February 18, 2011 – The Obama Administration revised conscience protection rules the Bush Administration had promulgated to enforce existing conscience laws. Provisions in the Bush rules allowed workers a broad ability to object to performing and participating in abortion and other medical procedures. These provisions were eliminated by the Obama version of the rule. The new rule did maintain the Department of Health and Human Services (HHS) Office for Civil Rights to receive complaints, but removed the requirement that federally funded entities certify compliance with non-discrimination laws.3 Refusal to defend DOMA: February 23, 2011 – The Obama Administration announced its refusal to defend the Defense of Marriage Act (DOMA) against constitutional challenges. The statute defines marriage as the union of one man and one woman.4 FAMILY RESEARCH COUNCIL 801 G STREET NW, WASHINGTON, D.C. 20001 202-393-2100 • fax 202-393-2134 • (800) 225-4008 order line www.frc.org

June 2012 Issue Brief IF12F02

Administration lawyers would actually come to attack the statute in court filings and oral arguments.5 Walter Reed Medical Center Bans Bibles September 14, 2011 – The Walter Reed National Military Medical Center is the leading medical institution for the U.S. armed forces. Walter Reed authorities issued an internal guidance document stating that “No religious items (i.e., Bibles, reading materials and/or facts) are allowed to be given away or used during a visit.”6 The policy was revoked later after a political firestorm erupted. HHS ceases to fund human trafficking programs, for political reasons: October 2011 – The U.S. Conference of Catholic Bishops (USCCB) received notification from the Department of Health and Human Services (HHS) that funding for their program aiding victims of human trafficking would cease. According to the National Catholic Register, the decision fell to political appointees at HHS, who decided not to continue the USCCB grant due to its opposition to the Obama Administration’s stances on the provision of family planning services and the HHS mandate in the new health care law.7 Hosanna-Tabor v. EEOC: January 11, 2012 – The United States Supreme Court rebuked the Obama Administration in a 9-0 decision issued in Hosanna-Tabor v. EEOC. The case centered on an employment discrimination claim at a Lutheran school. The Administration had argued that employment discrimination laws trumped the First Amendment’s religious freedom protections—even concerning the choice of ministers. The Court rejected this extreme position observing, “We cannot accept the remarkable view that the Religion Clauses have nothing to say about a religious organization’s freedom to select its own ministers.”8 HHS Contraception Mandate: January 20, 2012 – Health and Human Services’ Secretary Kathleen Sebelius announced that pursuant to Obamacare employers would be required to provide sterilizations and contraceptives, including some that can cause abortions, with no co-pays. Churches would not be covered by the mandate.9 However, religious employers including universities and colleges, religious hospitals, and soup kitchens would fall under the requirement. Private employers religiously opposed to the provision of contraceptives would not be exempted either.10 The Army censors Catholic chaplains in worship service: January 29, 2012 – The Army censors a letter from the Catholic Archbishop for the military services that was to be read by Catholic chaplains to their Army parishioners. The letter rejected the Obama Administration’s Health and Human Service Contraceptive mandate.11 Decorated General withdraws from speaking at West Point: February 8, 2012 – Lt. Gen. Jerry Boykin (USA-ret.), a highly decorated combat veteran and anti-terrorism expert, voluntarily withdrew from speaking at an upcoming prayer breakfast at the U.S. 2

Military Academy at West Point. A phalanx of atheists and Islamists had launched a campaign to bar Gen. Boykin, a conservative Christian speaker and writer, from speaking at the event. In an interview with OneNewsNow, Gen. Boykin stated the pressure on the Academy, which the Obama Administration did not resist, was overpowering.12 Chris Gacek, Ph.D., is the Senior Fellow for Regulatory Affairs at Family Research Council.

1 Jacob Wolf, “Change Watch: Chai Feldblum, Commissioner, Equal Employment Opportunity Commission,” FRC Blog, November 17, 2009, accessed June 20, 2012, http://www.frcblog.com/2009/11/change-watch-chai-feldblum-commissioner-equal-employmentopportunity-commission/.

Jennifer Wishon, “Tony Perkins 'Disinvited' to National Prayer Luncheon,” CBN News, February 25, 2010, accessed June 20, 2012, http://www.cbn.com/cbnnews/politics/2010/February/Tony-PerkinsUninvited-to-National-Prayer-Luncheon/ . 2

Steven Ertelt, “Obama Admin Weakens Protections for Pro-Life Medical Workers,” LifeNews.com, February 18, 2011, accessed June 20, 2012, http://www.lifenews.com/2011/02/18/obama-adminweakens-protections-for-pro-life-medical-workers/. 3

“Letter from the Attorney General to Congress on Litigation Involving the Defense of Marriage Act,” The United States Department of Justice, February 23, 2011, accessed June 20, 2012, http://www.justice.gov/opa/pr/2011/February/11-ag-223.html. 5 Ed Whelan, “Obama Violates Commitment to Have Executive Branch Enforce DOMA,” National Review Online, March 29, 2012, accessed June 20, 2012, http://www.nationalreview.com/benchmemos/294813/obama-violates-commitment-have-executive-branch-enforce-doma-ed-whelan. 4

Liz Farmer, “Walter Reed accidentally bans Bibles,” Washington Examiner, December 18, 2011, accessed June 20, 2012, http://washingtonexaminer.com/article/151247.

6

Pete Winn, “HHS Withholds Grant from U.S. Conference of Catholic Bishops Apparently Because Church Opposes Abortion,” CNS News, October 24, 2011, accessed June 20, 2012, http://cnsnews.com/news/article/hhs-withholds-grant-us-conference-catholic-bishops-apparentlybecause-church-opposes. 7

Hosanna-Tabor Evangelical Lutheran Church and School, Petitioner v. Equal Employment Opportunity Commission et al., 565 U.S. 1 (2012). 8

Robert Pear, “Obama Reaffirms Insurers Must Cover Contraception,” New York Times, January 20, 2012, accessed June 20, 2012, http://www.nytimes.com/2012/01/21/health/policy/administration-rulesinsurers-must-cover-contraceptives.html?pagewanted=all. 10 “Six facts about HHS mandate,” Catholic New World, February 12, 2012, accessed June 20, 2012 http://www.catholicnewworld.com/cnwonline/2012/0212/4.aspx. 9

Kathryn Jean Lopez, “Army Silenced Chaplains Last Sunday,” National Review Online, February 3, 2012, accessed June 20, 2012, http://www.nationalreview.com/corner/290147/army-silenced-chaplains-lastsunday-kathryn-jean-lopez. 11

Chad Groenig, “Boykin relieves pressure on West Point,” OneNewsNow.com, January 31, 2012, accessed June 20, 2012, http://www.onenewsnow.com/Culture/Default.aspx?id=1526388.

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The Obama Administration Rules by Regulation Chris Gacek The Obama Administration has run up enormous deficits in its first term. It has also used the administrative state to impose costly regulations on the nation. According to a recent paper by the Heritage Foundation, in the first three years, the Obama Administration issued 106 new “major” regulations that added “more than $46 billion per year in new costs for Americans.”1 According to the study: “This is almost four times the number – and more than five times the cost – of the major regulations issued by George W. Bush during his first three years.”2 Here are several examples: Dodd-Frank signed into law, creating 100+ new rules: July 21, 2010 – The Dodd-Frank financial regulation statute was responsible in 2011 for 12 “major” rules – that is, with an estimate cost of $100 million. Hundreds of Dodd-Frank rules remain to be written. 3 EPA issues final rule on boilers: March 21, 2011 – The Environmental Protection Agency issued a “final” rule that established new emission standards for hundreds of thousands of commercial, institutional, and industrial boilers.4 The costs are staggering. According to Heritage, the Council of Industrial Boiler Owners estimated the cost at $14.5 billion. Additionally, the U.S. Commerce Dep’t the original version of the rules could cost 40,000 to 60,000 jobs.5 Even EPA estimated the initial cost would $5.2 billion with an additional $1.8 billion annually. HHS requires contraceptive/sterilization/abortifacient coverage: August 1, 2011 – HHS announced (August 2011) that consistent with Obamacare employers would be required to provide contraceptives, sterilizations and abortifacients with no co-pays. Churches would not be covered by the mandate.6 However, religious employers including religious hospitals, universities and colleges, soup kitchens, etc., would fall under the requirement. Private employers religiously opposed to the provision of contraceptives would not be exempted either. FRC testified before Congress regarding the troubling nature of these regulations.7 FAMILY RESEARCH COUNCIL 801 G STREET NW, WASHINGTON, D.C. 20001 202-393-2100 • fax 202-393-2134 • (800) 225-4008 order line www.frc.org

June 2012 Issue Brief IF12F03

Energy Dept. issues final rule on refrigerators and freezers: September 15, 2011 – The Department of Energy (DOE) issued a “final” rule setting higher energy efficiency standards for residential refrigerators, refrigerator-freezers, and freezers.8 DOE calculated the annual cost at $1.4 billion. Obama makes recess appointments while Senate is in session: January 4, 2012 – In January 2012, President Obama made recess appointments to the National Labor Relations Board9 and the newly created Consumer Financial Protection Bureau.10 The action was taken to avoid the Senate confirmation process where two of his nominees faced tough sledding.11 However, the Senate was in session, and the legality of the president’s recess appointments are being challenged in court. CBO estimates 10-year cost of Obamacare to be $1.79 trillion: March 13, 2012 – The Congressional Budget Office (CBO) reported in March 2012 that the 10-year gross cost of the law is estimated to be $1.79 trillion.12 The costs of the program will be so high that the Department of Health and Human Services (HHS) has granted waivers from various requirements of Obamacare. As of January 2012, HHS had granted 1,200 waivers. More specifically, Obamacare mandates an increase in benefit limits, with all annual limits becoming unlawful in 2014.13 However, the companies and unions that were granted waivers can keep their benefit caps in place until 2014. This illustrates the fundamental flaws in the economic logic behind the law. It also raises concerns regarding the fairness of granting waivers to only those savvy enough to play the Washington insider game. Chris Gacek is the Senior Fellow for Regulatory Affairs at the Family Research Council.

James L. Gattuso and Diane Katz, “Red Tape Rising: Obama-Era Regulation at the Three-Year Mark,” Heritage Foundation Backgrounder No. 2663, March 13, 2012, accessed on June 21, 2012, https://thf_media.s3.amazonaws.com/2012/pdf/bg2663.pdf. 2 Gattuso and Katz, “Red Tape Rising: Obama-Era Regulation at the Three-Year Mark.” 3 Gattuso and Katz, “Red Tape Rising: Obama-Era Regulation at the Three-Year Mark.” 4 “National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers,” Federal Register 76:54 (21 March 2011) p. 15554, accessed on June 21, 2012, http://www.epa.gov/ttn/atw/boiler/fr21mr11a.pdf. 5 Gattuso and Katz, “Red Tape Rising: Obama-Era Regulation at the Three-Year Mark.” 6 Robert Pear, “Obama Reaffirms Insurers Must Cover Contraception,” New York Times, January 20, 2012, accessed June 20, 2012, http://www.nytimes.com/2012/01/21/health/policy/administration-rulesinsurers-must-cover-contraceptives.html?pagewanted=all. 7 Family Research Council, “U.S. House of Representatives Committee on the Judiciary Testimony of Jeanne Monahan, M.T.S.,” accessed on June 21, 2012, http://www.frc.org/testimony/testimony-ofjeanne-monahan-before-us-house-judiciary-committee. 8 “Energy Conservation Program: Energy Conservation Standards for Residential Refrigerators, Refrigerator-Freezers, and Freezers,” Federal Register 76:179 (15 September 2011) p. 57516, accessed on 1

2

June 21, 2012, http://www1.eere.energy.gov/buildings/appliance_standards/pdfs/refrig_finalrule_frnotice.pdf. 9 Lisa Mascaro, “Bypassing Congress, Obama will appoint three to NLRB,” The Los Angeles Times, January 4, 2012, accessed on June 21, 2012, http://articles.latimes.com/2012/jan/04/news/la-pn-obama-nlrbrecess-appointments-20120104. 10 Helene Cooper and Jennifer Steinhauer, “Bucking Senate, Obama Appoints Consumer Chief,” The New York Times, January 4, 2012, accessed on June 21, 2012, http://www.nytimes.com/2012/01/05/us/politics/richard-cordray-named-consumer-chief-in-recessappointment.html?pagewanted=all. 11 “Obama Plays Recess Games with His New Team,” Family Research Council, accessed on June 21, 2012, http://www.frc.org/washingtonupdate/obama-picks-new-players-for-his-recess-games. 12 Congressional Budget Office, “Updated Estimates for the Insurance Coverage Provisions of the Affordable Care Act” March 2012, accessed on June 21, 2012, http://www.cbo.gov/sites/default/files/cbofiles/attachments/03-13-Coverage%20Estimates.pdf. 13 The Center for Consumer Information and Insurance Oversight, “Annual Limits Policy: Protecting Consumers, Maintaining Options, and Building a Bridge to 2014, accessed on June 21, 2012, http://cciio.cms.gov/resources/files/approved_applications_for_waiver.html.

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Obama Administration Undermines the U.S. Constitution Cathy Ruse The oath of office for President of the United States reads “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.” President Obama’s record indicates that he is willing to thwart, bypass, or bend certain Constitutional restrictions on his power.1 Here are several examples: Health care legislation undermines individual constitutional rights: March 23, 2010 – The President’s healthcare overhaul mandated that individuals purchase their own health insurance or risk facing fines. The individual mandate is an unconstitutional power-grab by the federal government. There is no constitutional authority for the federal government to force individuals to purchase services or products by threat of legal punishment. As of this publication’s release, federal courts had struck down the individual mandate as unconstitutional;2 the Supreme Court had not yet released its decision. Bypassing Congress on Internet regulation: December 20, 2010 – When an Internet regulation bill failed to pass through Congress, President Obama’s Federal Communications Commission (FCC) announced it would regulate the Internet anyway. The FCC’s new regulations controlled the way service providers may manage their network transmissions.3 Abnegation of duty to defend U.S. laws: February 23, 2011 – President Obama flouted his constitutional duty to defend duly-enacted U.S. laws by directing the Department of Justice not to defend the Defense of Marriage Act (DOMA)4 and the Department of Defense to change its “Don’t Ask, Don’t Tell” policy5 regarding homosexuals in the military. In addition, President Obama’s Administration has opted not to enforce certain laws regarding drug enforcement, internet gambling and immigration.6 Act of war without congressional sanction: March 2011 – President Obama ordered the U.S. military to attack Libya without the approval of Congress7, which is required by the Constitution.8 FAMILY RESEARCH COUNCIL 801 G STREET NW, WASHINGTON, D.C. 20001 202-393-2100 • fax 202-393-2134 • (800) 225-4008 order line www.frc.org

June 2012 Issue Brief IF12F04

Bypassing Congress on labor regulations: June 21, 2011 – When the union-backed “Employee Free Choice Act” failed in Congress, President Obama pushed the National Labor Relations Board to issue new pro-union regulations anyway, allowing “snap elections”9 and forcing employers to give employee e-mails and phone numbers to union organizers. On May 14, 2012, a federal judge struck down the regulations governing union elections, saying the NLRB failed to follow proper voting procedures when it approved the rules last year.10 Unconstitutional recess appointments: January 4, 2012 – President Obama made four recess appointments, while Congress was in pro forma session,11 thereby thwarting the Senate’s constitutionally-mandated advice and consent role. In addition, the President defied Congressional opposition by appointing Richard Cordray as head of the new Consumer Financial Protection Bureau.12 HHS Contraception Mandate: January 20, 2012 – Health and Human Services’ Secretary Kathleen Sebelius announced that pursuant to Obamacare, employers would be required to provide abortion drugs and birth control pills in their health insurance plans, against their religious beliefs, violate the First Amendment’s protection of the free exercise of religion. Churches would not be covered by the mandate.13 However, religious employers including universities and colleges, religious hospitals, and soup kitchens would fall under the requirement. Private employers religiously opposed to the provision of contraceptives would not be exempted either.14 FRC testified before Congress regarding the troubling nature of these regulations.15 Thwarting Congress on environmental regulation: March 26, 2012 – “Cap and trade” auto emission legislation failed to pass through Congress. President Obama’s Environmental Protection Agency began to auction greenhouse gas allowances, effectively taxing emissions and by this means regulating them anyway.16 Thwarting Congress on immigration policies: June 15, 2012 – When the Dream Act failed to pass Congress, the Obama Administration created a new administrative policy granting illegal aliens stays of refusal—a policy that amounts to amnesty.17 Cathy Cleaver Ruse is a Senior Fellow for Legal Studies at the Family Research Council.

1

Ilya Shapiro, “President Obama’s top 10 constitutional violations,” The Daily Caller, December 4, 2011, accessed on July 10, 2012, http://dailycaller.com/2011/12/04/president-obamas-top-10-constitutional-violations/. 2 “FRC Praises Federal Judge for Striking Down Part of Obamacare,” Family Research Council press release, September 12, 2011, accessed on June 21, 2012, http://www.frc.org/newsroom/frc-praisesfederal-judge-for-striking-down-part-of-obamacare. 3 Brian Stelter, “F.C.C. Faces Challenges to Net Rules,” The New York Times, December 22, 2010, accessed on June 21, 2012, http://query.nytimes.com/gst/fullpage.html?res=9801E6D91739F931A15751C1A9669D8B63.

2

“Letter from the Attorney General to Congress on Litigation Involving the Defense of Marriage Act,” The United States Department of Justice, February 23, 2011, accessed June 20, 2012, http://www.justice.gov/opa/pr/2011/February/11-ag-223.html.  5 “Don’t Ask, Don’t Tell is Repealed,” U.S. Department of Defense, accessed on June 21, 2012, http://www.defense.gov/home/features/2010/0610_dadt/. 6 Steve Friess, “Obama’s policy strategy: Ignore laws,” Politico, June 16, 2012, accessed on June 21, 2012, http://www.politico.com/news/stories/0612/77486.html. 7 Charlie Savage and Mark Landler, “White House Defends Continuing U.S. Role in Libya Operation,” The New York Times, June 15, 2011, accessed on June 21, 2012, http://www.nytimes.com/2011/06/16/us/politics/16powers.html?pagewanted=all. 8 Bruce Ackerman, “Obama’s Unconstitutional War,” Foreign Policy, March 24, 2011, accessed on June 21, 2012, http://www.foreignpolicy.com/articles/2011/03/24/obama_s_unconstitutional_war. 9 National Labor Relations Board, Notice of Proposed Rulemaking, Federal Register, Vol. 76, No. 120 (June 22, 2011), p. 36831. 10 The Associated Press, “Judge Overturns Rules on Union Votes,” The New York Times, May 14, 2012, accessed on June 21, 2012, http://www.nytimes.com/2012/05/15/business/judge-overturns-rules-onunion-elections.html?_r=1. 11 Helene Cooper and Jennifer Steinhauer, “Bucking Senate, Obama Appoints Consumer Chief,” The New York Times, January 4, 2012, accessed on June 21, 2012, http://www.nytimes.com/2012/01/05/us/politics/richard-cordray-named-consumer-chief-in-recessappointment.html?pagewanted=all. 12 “Obama Plays Recess Games with His New Team,” Family Research Council, accessed on June 21, 2012, http://www.frc.org/washingtonupdate/obama-picks-new-players-for-his-recess-games. 13 Robert Pear, “Obama Reaffirms Insurers Must Cover Contraception,” New York Times, January 20, 2012, accessed June 20, 2012, http://www.nytimes.com/2012/01/21/health/policy/administration-rulesinsurers-must-cover-contraceptives.html?pagewanted=all. 14 “Six facts about HHS mandate,” Catholic New World, February 12, 2012, accessed June 20, 2012 http://www.catholicnewworld.com/cnwonline/2012/0212/4.aspx. 4

Family Research Council, “U.S. House of Representatives Committee on the Judiciary Testimony of Jeanne Monahan, M.T.S.,” accessed on June 21, 2012, http://www.frc.org/testimony/testimony-ofjeanne-monahan-before-us-house-judiciary-committee. 16 Mark Drajem, “EPA Introduces First Greenhouse-Gas Limits for Power Plants,” Bloomberg, March 27, 2012, accessed on June 21, 2012, http://www.bloomberg.com/news/2012-03-27/epa-issues-firstgreenhouse-gas-limit-for-u-s-power-plants-1-.html. 17 Julia Preston and John H. Cushman Jr., “Obama to Permit Young Migrants to Remain in U.S.,” The New York Times, June 15, 2012, accessed on June 21, 2012, http://www.nytimes.com/2012/06/16/us/us-tostop-deporting-some-illegal-immigrants.html. 15

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The Obama Administration Promotes the Homosexual Agenda Peter Sprigg President Obama’s Administration has aggressively promoted a homosexual agenda and sought to equate the homosexual lifestyle with that of the natural family. In doing so, the Administration has faced loyal opposition from a wide array of citizens concerned about threats to their religious liberty and the social implications of promoting a destructive homosexual example. Here are several examples: Appointment of Record Number of Homosexuals – Made the most “LGBT” (lesbian, gay, bisexual, transgender) appointments of any President in history.1 Appointment of a Homosexual Activist with Notorious Past: May 19, 2009 – Kevin Jennings, notorious founder of the Gay, Lesbian and Straight Education Network (GLSEN), who once all but admitted that he covered up a case of child sexual abuse when working as a teacher -- to the Department of Education.2 Appointment of a Pro-Polygamy Law Professor: September 14, 2009 – Chai Feldblum, law professor who once signed a statement endorsing polygamy and said when “sexual liberty” clashed with religious liberty, “Gays win, Christians lose” -- to Equal Employment Opportunity Commission.3 Undermined the Traditional Family on Family Day: September 28, 2009 – President Obama celebrated families headed by a “same-sex couple” in his Family Day press release.4 Signing of the first federal “Hate Crimes” law: October 28, 2009 - This act punishes thoughts as well as actions, treats sexual ethics as “hate,” and creates inequality in protections against violent crime.5 Encouraged Subversion of Federal Marriage Law: April 14, 2010 – President Obama had the Census Bureau encourage homosexual couples to falsely report themselves as “married,” in defiance of the Defense of Marriage Act (DOMA).6

FAMILY RESEARCH COUNCIL 801 G STREET NW, WASHINGTON, D.C. 20001 202-393-2100 • fax 202-393-2134 • (800) 225-4008 order line www.frc.org

June 2012 Issue Brief IF12F05

Celebrated the Role of Lesbian Mothers on Mother’s Day: May 7, 2010 – President Obama proclaimed the role that “two mothers” may have in “nurturing” children.7 Extended Domestic Partner Benefits without Authority: June 2, 2010 – Extended a wide variety of quasi-marital domestic partner benefits to homosexual partners of federal employees, despite the absence of statutory authority to do so.8 Praised the Contributions of Homosexual Fathers on Father’s Day: June 18, 2010 – President Obama expanded the role of father to include a second father in his Father’s Day press release.9 Drastically Changed the Military’s Traditional Policies: December 22, 2010 – President Obama reversed a 200 year-old policy that protected soldiers against homosexual conduct in the armed forces, and the risk of increasing sexual tension, harassment, and assault.10 Abandoned Duty to Protect the Marriage Laws of the United States: February 23, 2011 – President Obama shirked executive responsibility by abandoning legal defense of the federal Defense of Marriage Act,11 forcing the House of Representatives to intervene to defend the law12. Ended Normal Workplace Dress Codes: May 27, 2011 – President Obama prohibited discrimination based on “gender identity” (i.e., cross-dressing) in federal employment, despite the absence of statutory authority.13 Endorsed the Redefinition of Marriage: May 9, 2012 – In a reversal of his stated position ever since entering national politics, President Obama stated, “I think same-sex couples should be able to get married”—thus repudiating the laws of 42 states and the constitutions of 30.14 Peter S. Sprigg is Senior Fellow for Policy Studies at the Family Research Council.

1 “Presidential Appointments Project,” Gay & Lesbian Victory Institute, accessed July 3, 2012, http://www.glli.org/presidential. 2 “Education Secretary Announces Nine Senior Staff Appointments,” Department of Education, May 19, 2009, accessed on July 3, 2012, http://www2.ed.gov/print/news/pressreleases/2009/05/05192009d.html. 3 “President Obama Announces More Key Administration Posts,” The White House, Office of the Press Secretary, accessed on July 3, 2012, http://www.whitehouse.gov/the_press_office/President-ObamaAnnounces-More-Key-Administration-Posts-9/14/09/. 4 “Family Day, 2009,” The White House, Office of the Secretary, September 28, 2009, accessed on July 3, 2012, http://www.whitehouse.gov/the_press_office/Presidential-Proclamation-Family-Day-2009/.

2

National Defense Authorization Act for Fiscal Year 2010, HR 2647, 111th Cong., 1st sess. http://www.gpo.gov/fdsys/pkg/PLAW-111publ84/html/PLAW-111publ84.htm. 6 Peter Sprigg, “Marriage law doesn’t count at Census Bureau,” Washington Times, April 14, 2010, accessed June 20, 2012, http://www.washingtontimes.com/news/2010/apr/14/marriage-law-doesnt-count-atcensus-bureau/. 7 “Presidential Proclamation--Mother's Day,” The White House, Office of the Press Secretary, May 7, 2010, accessed on July 3, 2012, http://www.whitehouse.gov/the-press-office/presidential-proclamationmothers-day. 8 “Presidential Memorandum-Extension of Benefits to Same-Sex Domestic Partners of Federal Employees,” The White House, Office of the Press Secretary, accessed on July 3, 2012, http://www.whitehouse.gov/the-press-office/presidential-memorandum-extension-benefits-same-sexdomestic-partners-federal-emplo. 9 “Presidential Proclamation--Father's Day,” The White House, Office of the Press Secretary, June 18, 2010, accessed on July 3, 2012, http://www.whitehouse.gov/the-press-office/presidential-proclamationfathers-day. 10 Don’t Ask, Don’t Tell Repeal Act of 2010, HR 2965, 111th Cong., 2nd sess. http://www.gpo.gov/fdsys/pkg/PLAW-111publ321/pdf/PLAW-111publ321.pdf. 11 “Statement of the Attorney General on Litigation Involving the Defense of Marriage Act,” Department of Justice, Office of Public Affairs, February 23, 2011, accessed on July 3, 2012, http://www.justice.gov/opa/pr/2011/February/11-ag-222.html. 12 Molly K. Hooper, “House to defend law allowing states not to recognize same-sex marriages,” The Hill, March 9, 2011, accessed July 3, 2012, http://thehill.com/homenews/house/148537-house-to-defend-lawallowing-states-not-to-recognize-same-sex-marriages. 13 “Guidance Regarding the Employment of Transgender Individuals in the Federal Workplace,” The White House, Office of Personnel Management, accessed on July 3, 2012, http://www.opm.gov/diversity/Transgender/Guidance.asp. 14 “Transcript: Robin Roberts ABC News Interview With President Obama,” ABC News, May 9, 2012, accessed on July 10, 2012, http://abcnews.go.com/Politics/transcript-robin-roberts-abc-news-interview-presidentobama/story?id=16316043. 5

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The Obama Administration Threatens Unborn Life Jeanne Monahan Prior to his election President Obama had established a record that some critics called the “most pro-abortion” of any candidate or President1. Since taking office his record has lent support to this distinction. Here are a few examples: Mexico City Policy: January 23, 2009 – In one of his first executive actions, President Obama lifted the ban on U.S. funding for international health groups that perform abortions, promote legalizing the procedure, or provide counseling about terminating pregnancies.2 Embryonic Stem Cell Announcement: March 9, 2009 – President Obama signed an Executive Order to lift restrictions on human embryonic stem cell experimentation.3 Conscience Rule: March 10, 2009 – Obama administration published its proposal to rescind and eliminate the conscience-protecting regulations passed by the Bush administration in January 2009.4 Plan B access expanded to 17 year-olds: April 22, 2009 – FDA accepted rather than appealed a federal judge’s order that lifted Bush administration restrictions limiting over-the-counter sales of “Plan B” to women 18 and older. One of “Plan B’s” way of acting is to prevent implantation of a newly conceived embryo, i.e., “Plan B” can kill unborn children.5 NIH unveils new human embryonic stem cell experimentation funding guidelines: July 7, 2009 – The new Guidelines provide an incentive for continued destruction of human embryos, to provide new hESC lines for federal taxpayer funding.6 Abortion/Reproductive Rights language changes in international meetings: March, 2009 – Overall international organization language changes, in particular on definition of reproductive rights and reproductive health. Began to be evident at the UN Commission on the Status of Women (CSW) in March, 2009 and continued through until present.7

FAMILY RESEARCH COUNCIL 801 G STREET NW, WASHINGTON, D.C. 20001 202-393-2100 • fax 202-393-2134 • (800) 225-4008 order line www.frc.org

June 2012 Issue Brief IF12F06

President’s Budget eliminates abstinence education funding: May, 2009 – President Obama eliminates Community-Based Abstinence Education funding from his budget, replaced by a variety of comprehensive sexuality education programs. At present, he never includes in his annual budget funding for abstinence education, creating a ratio of 24:1 for government funding of comprehensive sex education to abstinence education (a small amount was reinstituted by Congress).8 D.C. abortion funding: December 17, 2009 – For the first time in 13 years, funding for abortions is restored in the District of Columbia. President Obama makes this happen by signing Consolidated Appropriations Act, 2010 into law.9 Plan B in Military Hospitals: Feb 8, 2010 – The Obama administration issued a new order for the U.S. military requiring all military hospitals and health centers to stock the morning after pill which can kill unborn children by preventing implantation.10 NIH proposes further broadening the definition of “embryonic stem cell”: February 19, 2010 – The National Institutes of Health proposed to allow federal taxpayer funding of more human embryonic stem cell lines, providing incentive for further destruction of human embryos.11 Healthcare law: March 23, 2010– President Obama signs “Obamacare” into law.12 He also signs an Executive Order (EO) said to ban taxpayer funding of abortion.13 In fact, In fact, an Executive Order cannot circumvent the text of legislation; the Obama health care plan allows for taxpayer funding of abortion. Later, in a media interview, Rahm Emmanuel, Mr. Obama’s former Chief of Staff, admitted that the EO did nothing to prevent abortion in Obamacare.14 FDA panel approval of Ella: June 17, 2010 – FDA panel approves the use of Ella, labeled as an Emergency Contraceptive, but which is identical in chemical and operational modes to the abortion drug, RU-486.15 Obama Administration approves Ella: August 13, 2010- Late on a Friday evening in August, in a move designed to avoid press attention, the Obama administration announces approval of Ella. The drug is labeled as an emergency contraceptive, but it can kill the unborn by preventing implantation as well as destroying a baby postimplantation.16 Obama Administration weakens conscience protection: February 18, 2011 – The Obama Dept. of Health and Human Services (HHS) releases revised conscience protections for healthcare workers which significantly weaken protections of conscience for pro-life workers.17

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President Obama refuses to cut taxpayer funding to abortion-giant Planned Parenthood: April 11, 2011 – The President is willing to decrease family planning money but he will not budge on Planned Parenthood funding, even if it means he must shut down the government.18 Obama Administration issues “Women’s Preventive Services” rule (part of Obamacare) which includes abortion drugs: August 1, 2011 – The administration includes ella, Plan B, intra-uterine devices (IUDs), and “the full range of FDA-approved contraceptives” in the list of items that all insurance companies must cover. They issue a very narrowly defined religious exemption, which will essentially only apply for churches.19 HHS denies United States Catholic Conference of Bishops (USCCB) anti-trafficking grant because they will not refer for abortion: Septmeber, 2011 - HHS gives a competitive grant to programs that scored lower than the USCCB because this group would not refer for abortions.20 Obama administration bypasses New Hampshire’s de-funding of abortion giant Planned Parenthood: June, 2011 - New Hampshire voted to de-fund abortion giant Planned Parenthood. In October the Obama administration bypassed this decision by directly awarding a $1 million grant to Planned Parenthood. The state filed a formal protest with HHS. 21 Obama administration denies Medicaid funding to Texas because the state defunded abortion giant Planned Parenthood: March, 2012 - HHS announces it would not be reissuing its family planning extension waiver for the Texas Women’s Health Program (part of Medicaid) because the state de-funded Planned Parenthood.22 Obamacare forces insurance agencies to include drugs that cause abortion: January 20, 2012 - Obama administration solidifies August 1 ruling. Still included are drugs that can cause abortion. And the ruling still provides only the narrowest of religious exemptions.23 Obama “compromise” February 10, 2012 – After a national outcry from protesters across the political spectrum, the president announces his “compromise” on the women’s preventive services. In truth, he changes nothing in the actual regulation. In March HHS issues another rule requesting feedback on how to facilitate compromise.24 Obamacare regulation issued that forces people to pay for abortion: March 16, 2012: In its regulation on abortion exchanges, the Obama administration issues a rule where insurance plans that cover abortion will include an abortion surcharge and a secrecy clause.25

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President Obama appears in Planned Parenthood promotional video from the White House: March 29, 2012. In a video message recorded for Planned Parenthood’s Action Fund, the president promotes the organization. Last year, PPFA was responsible for the abortion of 340,000 unborn children. He does this in the White House, in the Red Room.26 Personnel is Policy: January 2009-present - The president strategically placed abortion activists throughout his administration. Examples include naming the stridently proabortion Kansas Gov. Kathleen Sebelius as Sec. of Health27 and Human Services and Senator Hillary Clinton as Sec. of State.28 Less well-known players include Ellen Moran,29 former director of Emily’s List, as the White House Communications Director, and Tina Tchen, former director for NOW, to lead his Women’s Council.30 Most recently, in April 2012 the Obama Health and Human Services (HHS) hired former Planned Parenthood spokesperson, Tait Sye, as the Asst. Secretary for Public Affairs for HHS.31* Judicial Nominations: January 2009-present- President Obama has nominated many ardent pro-abortion judges to the circuit courts. One of these, Andrew Hurwitz,32 boasts of having drafted the infamous Roe v. Wade ruling. He named Elena Kagan to the Supreme Court. She urged President Clinton to veto the ban on the Partial Birth Abortion.33* *Note: this is not an exhaustive list. Jeanne Monahan is the Director of the Center for Human Dignity at the Family Research Council.

Terry Jeffrey, “Obama is the Most Pro-Abortion Candidate Ever,” Townhall.com, January 9, 2008, accessed on July 10, 2012, http://townhall.com/columnists/terryjeffrey/2008/01/09/obama_is_the_most_proabortion_candidate_ever/page/full/. 2 Barack Obama, “Memorandum for Mexico City Policy - Voluntary Population Planning,” Whitehouse.gov, January 23, 2009 (http://www.whitehouse.gov/the_press_office/MexicoCityPolicyVoluntaryPopulationPlanning). 1

3 Barack Obama, “Remarks of President Barack Obama – As Prepared for Delivery Signing of Stem Cell Executive Order and Scientific Integrity Presidential Memorandum,” Whitehouse.gov, March 9, 2009 (http://www.whitehouse.gov/the_press_office/Remarks-of-the-President-As-Prepared-for-DeliverySigning-of-Stem-Cell-Executive-Order-and-Scientific-Integrity-Presidential-Memorandum). 4 Federal Register, March 7, 2009, “Rescission of the Regulation Entitled “Ensuring That Department of Health and Human Services Funds Do Not Support Coercive or Discriminatory Policies or Practices in Violation of Federal Law”; Proposal,” Federalregister.gov, March 10, 2009 (https://www.federalregister.gov/articles/2009/03/10/E9-5067/rescission-of-the-regulation-entitledensuring-that-department-of-health-and-human-services-funds-do).

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5 FDA Press Release, “Updated FDA Action on Plan B (levonorgestrel) Tablets,” FDA.gov, April 22, 2009 (http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm149568.htm). 6 NIH, “National Institutes of Health Guidelines on Human Stem Cell Research,” NIH.gov, (July 7, 2009) (http://stemcells.nih.gov/policy/2009guidelines.htm). 7 William Saunders and Michael Fragoso, “Obama, the UN, and Women’s Rights: The Obama Administration Veers to the Left on Abortion at the United Nations,” FRC Issue Brief (http://downloads.frc.org/EF/EF09D44.pdf). 8 National Abstinence Education Association Press Release, “President's Budget Eliminates Funding for Effective Abstinence Education Programs,” May 7, 2009, (http://www.abstinenceassociation.org/newsroom/pr_051109_presidents_budget_eliminates_funding.h tml). 9 Whitehouse.gov, “Bills Signed by the President today, 12/16/09,” (http://www.whitehouse.gov/thepress-office/bills-signed-president-today-121609). 10 Sarah Netter, ABC News, “Pentagon Allows Morning After Pill on Military Bases,” February 5, 2010, (http://abcnews.go.com/WN/pentagon-morning-pill-military-bases/story?id=9758029). 11 NIH, “Review Considerations for Applications and Awards under the New NIH Guidelines for Human Stem Cell Research,” February 19, 2010 (http://grants.nih.gov/grants/guide/notice-files/notod-10-056.html). 12 Barack Obama, “Remarks by the President and Vice President at Signing of the Health Insurance Reform Bill,” March 23, 2010, whitehouse.gov (http://www.whitehouse.gov/photos-andvideo/video/president-obama-signs-health-reform-law). 13 Barack Obama, “Executive Order 13535-- Patient Protection and Affordable Care Act's Consistency with Longstanding Restrictions on the Use of Federal Funds for Abortion,” whitehouse.gov, March 23, 2010, (http://www.whitehouse.gov/the-press-office/executive-order-patient-protection-and-affordablecare-acts-consistency-with-longst). 14 Rahm Emanuel, speaking to the Chicago Tribune Editorial Board, “Tribune Editorial Board meeting pt. 10- Women's issues, healthcare, candidates pasts, closing arguments.” January 14, 2011. (http://www.wgntv.com/news/elections/mayor/editorial/). 15 Gardiner Harris, “Panel Recommends Approval of After-Sex Pill to Prevent Pregnancy,” June 17, 2010, New York Times (http://www.nytimes.com/2010/06/18/health/policy/18pill.html). 16 FDA, “FDA approves ella™ tablets for prescription emergency contraception,” fda.gov, August 13, 2012, (http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm222428.htm) 17 HHS, “Statement from the Department of Health and Human Services on the Regulation for the Enforcement of Federal Health Care Conscience Protections,” hhs.gov, February 18, 2011, (http://www.hhs.gov/news/press/2011pres/02/20110218a.html). 18 Steven Ertelt, “Obama Refused Boehner Demand to Cut Planned Parenthood Funding,” April 14, 2011, Lifenews.com, (http://www.lifenews.com/2011/04/11/obama-refused-boehner-demand-to-cutplanned-parenthood-funding/). 19 HHS Press Release “Affordable Care Act Ensures Women Receive Preventive Services at No Additional Cost” hhs.gov, (http://www.hhs.gov/news/press/2011pres/08/20110801b.html). 20 Jerry Markon, “Health, abortion issues split Obama administration and Catholic groups,” Washington Post, October 31, 2012 (http://www.washingtonpost.com/politics/health-abortion-issues-split-obamaadministration-catholic-groups/2011/10/27/gIQAXV5xZM_story.html).

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21 John Hayward, “You Will Fund Planned Parenthood, America, Whether You Like it or Not,” Human Events, September 14, 2011 (http://www.humanevents.com/article.php?id=46189). 22 Angela Brown, “Health program losing federal funds, clinics” Associated Press March 12, 2012 (http://news.yahoo.com/health-program-losing-federal-funds-clinics-150240047.html). 23 Kathleen Sebelius, “A statement by U.S. Department of Health and Human Services Secretary Kathleen Sebelius,” hhs.gov, January 20, 2012, http://www.hhs.gov/news/press/2012pres/01/20120120a.html. 24 Matthew Clarke, “What President Obama’s “Accommodation” of Religious Liberty Accomplished,” February 10, 2012, (http://aclj.org/obamacare/president-obama-accommodation-religious-libertyaccomplished) 25 HHS, “Patient Protection and Affordable Care Act: Establishment of Exchanges and Qualified Health Plans; Exchange Standards for Employers,” March 27, 2012, (http://www.regulations.gov/#!documentDetail;D=HHS-OS-2011-0020-2420). 26 Thomas Cloud, “President Obama Pledges to Never Stop Fighting for Planned Parenthood, Which Did 329,445 Abortions in 2010,” CNSNews, March 30, 2012 (http://cnsnews.com/news/article/presidentobama-pledges-never-stop-fighting-planned-parenthood-which-did-329445). 27 White House Press Release, “President Obama Will Nominate Governor Kathleen Sebelius Secretary of HHS, Announces Release of $155 Million of ARRA Funds for Health Clinics Across America,” March 2, 1009, whitehouse.gov (http://www.whitehouse.gov/the_press_office/President-Obama-nominatesGovernor-Kathleen-Sebelius-Secretary-of-HHS-Announces-Re). 28 Linton Weeks, “Obama Names Hillary Clinton, Gates To Cabinet,” NPR, Dec 1, 2008, (http://www.npr.org/templates/story/story.php?storyId=97632302). 29 Change.gov, “White House Communications and Press Secretary positions announced,” (http://change.gov/newsroom/entry/white_house_communications_and_press_secretary_positions_an nounced/). 30 Whitehouse.gov, “Council on Women and Girls Leadership,” (http://www.whitehouse.gov/administration/eop/cwg/who/leadership). 31 Lester Feder, “HHS hires former Planned Parenthood spokesman,” Politico, April 20, 2012 (http://www.politico.com/news/stories/0412/75400.html). 32 Whitehouse.gov, “President Obama Nominates Justice Andrew David Hurwitz to Serve on the United States Court of Appeals,” November 2, 2011, (http://www.whitehouse.gov/the-pressoffice/2011/11/02/president-obama-nominates-justice-andrew-david-hurwitz-serve-united-stat). 33 Ariane de Vogue, “Elena Kagan Abortion Memo Offers New Look at Nominee,” ABC News, May 11, 2010, (http://abcnews.go.com/Politics/Supreme_Court/elena-kagan-abortion-memo-supreme-courtnominee/story?id=10618601).

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The Obama Administration Belittles Bioethical Concerns David Prentice During the 2008 campaign, candidate Obama’s acolytes talked of a “war on science.” However, since taking office President Obama’s Administration has shifted resources towards scientifically and ethically dubious programs, to the detriment of real scientific advance. Here are a few examples: Embryonic Stem Cell Research Executive Order: March 9, 2009 – President Obama signed an Executive Order1 to lift restrictions on human embryonic stem cell experimentation, as well as revoke the previous Executive Order promoting ethical stem cell research, and without prohibiting cloning of human embryos for research.2 Disbanding of President’s Council on Bioethics: June 17, 2009 – With only one day notice to Council members, the President abruptly abolished the President’s Council on Bioethics3,4, canceling its planned meeting, any discussions, and planned publications. A majority of Council members had criticized5 the President’s decision on permissive funding of embryonic stem cell research. A new Commission was not announced for 5 months, and not fully staffed for almost one year.6 Support for Taxpayer Funding of Human Embryonic Stem Cell Research: July 7, 2009 – The National Institutes of Health issued new Guidelines7, based on the President’s Executive Order, to provide an incentive for continued destruction of human embryos, producing new human embryonic stem cell lines for federal taxpayer funding. Liberalize Human Embryonic Stem Cell Research in All Federal Agencies: July 30, 2009 – President Obama issued an Executive Memorandum8 ordering all federal agencies to adopt the liberalized human embryonic stem cell research guidelines. Proposal to Broaden Human Embryonic Stem Cell Research: February 16, 2010 – Published in Federal Register, NIH proposed new Guidelines to allow expanded federal taxpayer funding of more human embryonic stem cell lines, providing incentive for further destruction of human embryos.9 David Prentice, Ph.D. is Senior Fellow for Life Sciences at Family Research Council. FAMILY RESEARCH COUNCIL 801 G STREET NW, WASHINGTON, D.C. 20001 202-393-2100 • fax 202-393-2134 • (800) 225-4008 order line www.frc.org

June 2012 Issue Brief IF12F07

                                                                                                                                                                                                 1 Office of the Press Secretary. Removing Barriers to Responsible Scientific Research Involving Human Stem Cells. 9 March 2009. Office of the Press Secretary, 2009, accessed June 21, 2012, http://www.whitehouse.gov/the_press_office/Removing-Barriers-to-Responsible-Scientific-ResearchInvolving-Human-Stem-Cells/.   2 Office of the Press Secretary. Remarks of President Barack Obama – As Prepared for Delivery – Signing of Stem Cell Executive Order and Scientific Integrity Presidential Memorandum. 9 March 2009. Office of the Press Secretary, 2009, accessed June 21, 2012, http://www.whitehouse.gov/the_press_office/Remarks-of-thePresident-As-Prepared-for-Delivery-Signing-of-Stem-Cell-Executive-Order-and-Scientific-IntegrityPresidential-Memorandum.   3 Nicholas Wade, “Obama Plans to Replace Bush’s Bioethics Panel,” The New York Times, 17 June 2009, accessed June 21, 2012, http://www.nytimes.com/2009/06/18/us/politics/18ethics.html.   4 Vicki Brower, “Dismissal of bioethics council leads to speculation about its future”, Nature Medicine, 2009, accessed June 21, 2012, http://www.nature.com/nm/journal/v15/n8/full/nm0809-824a.html.  5 John McCormack, “Members of President's Council on Bioethics Protest Obama's Stem Cell Policy”, The Weekly Standard, 26 March 2009, accessed June 21, 2012, http://www.weeklystandard.com/weblogs/TWSFP/2009/03/members_of_presidents_council_1.asp.   6 “Creation of the Presidential Commission,” Presidential Commission for the Study of Bioethical Issues, accessed June 21, 2012, http://bioethics.gov/cms/creation-of-the-commission.   7 Richard S. Kingston, M.D., Ph.D., “National Institutes of Health Guidelines on Human Stem Cell Research,” The National Institutes of Health. May 2009, accessed June 21, 2012, http://stemcells.nih.gov/policy/2009guidelines.htm.   8 Office of the Press Secretary, “Memorandum for the Heads Of Executive Departments And Agencies, Guidelines for Human Stem Cell Research,” 30 July 2009, accessed June 21, 2012, http://www.whitehouse.gov/the_press_office/Memorandum-from-the-President-for-the-Heads-ofExecutive-Departments-and-Agencies-Regarding-Guidelines-for-Human-Stem-Cell-Research/.   9 Jennifer Spaeth, “Federal Register announcement of proposed change to NIH Guidelines,” The National Institutes of Health, 23 February 2010, accessed June 21, 2012, http://www.gpo.gov/fdsys/pkg/FR-201002-23/pdf/2010-3527.pdf.  

 

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