Zubik

PITTSBURGH — The Roman Catholic bishop of Pittsburgh said Tuesday that he will refuse to sign a document allowing its health plan to provide birth control and abortion coverage for employees of a diocese-related charity, even if it means paying fines.

The Pittsburgh diocese and its counterpart in Erie are challenging federal health care law changes that require contraceptive and abortion coverage in employee health plans. Tuesday’s hearing was focused on whether U.S. District Judge Arthur Schwab should block the government from enforcing the mandate while the dioceses pursue their lawsuits claiming the requirements violate their First Amendment right of religious freedom.

The Justice Department contends the church is exempt and that its charitable affiliates can be accommodated so they don’t have to pay for the coverage they object to.

Last year a judge dismissed a previous lawsuit the Pittsburgh diocese filed over the same issues, saying it has not been harmed by the new health care legislation and that the government had promised to take steps to address religious objections. But the diocese sued again, saying the final regulations that take effect Jan. 1 are worse than the proposed regulations that prompted the earlier lawsuit.

Bishop David Zubik testified that he wouldn’t be able to live with himself if he signed a form that allowed the disputed services to be provided to employees. Zubik said the church is being asked to violate an important belief and a matter of conscience.

The Rev. Scott Jabo, president of Cathedral Preparatory School in Erie, testified that even allowing a third-party company to provide the services to employees would be facilitating “a moral evil.” Jabo said that if he were to help that to happen, “I’m committing a sin.”