The Immaculata Church, originally a campus chapel but no longer affiliated with the school, is a University of San Diego landmark. Photo by Chris Stone

USD calls itself a Catholic university that “draws from the wisdom of its Catholic tradition and provides means for its members to grow in their understanding and expression of the Catholic faith.”

Latest IRS filing by nonprofit Student Free Press Association, which funds The College Fix. (PDF)
May 2023 federal court order in Skyline church case saying state must allow “religious employers” to deny abortion coverage. (PDF)

But the University of San Diego isn’t Catholic enough, according to some.

Sparked by a critical article in The College Fix about USD helping “students get abortions” via its health insurance plan, other media outlets amped up the anger.

“The University of San Diego, which ranks as one of America’s top 10 Catholic universities and as the third-best Catholic school in California, pays 100% of the negotiated charge in its Aetna health insurance plan for students desiring to kill their babies,” said the Church Militant on July 19.

The headline at International Family News: “University of San Diego covers abortion, defies Catholic Church teaching.”

On CatholicVote.org, comments included: “Excommunicate the supporters and defund the University!” and “Pray for the conversion to Christ of Cardinal McIlroy (sic).”

Article in The College Fix triggered a spate of copycat stories about USD.
Article in The College Fix triggered a spate of copycat stories about USD.

The current crop of stories slamming the Alcalá Park school trace to two May rulings in federal court, including one involving the Skyline Wesleyan megachurch in Rancho San Diego.

Skyline and three other churches had challenged California’s abortion-coverage mandate. They won their case — as well as $1.4 million in attorneys fees.

“The government can’t force a church or any other religious employer to violate their faith and conscience by participating in funding abortion,” said Jeremiah Galus, senior counsel for Alliance Defending Freedom, which represented the churches.

Exemptions Ordered

Those court rulings mean that the state’s Department of Managed Health Care must allow exemptions for religious employers who balk at paying for elective abortions for insurance-covered staff.

So College Fix reporter William Hurley of Hope College wrote to USD and asked if it would seek a waiver, thus denying female students abortion coverage.

School spokeswoman Lissette Martinez replied: “USD’s employee and student benefit plans are required to align with state and federal regulations. The services mentioned are typically those that are required to be covered, and individuals are encouraged to consult with their medical provider regarding the best course of treatment for any medical concern.”

Cardinal Robert McElroy of San Diego is often criticized by conservative Catholic media.
Cardinal Robert McElroy of San Diego is often criticized by conservative Catholic media. Photo by Chris Stone

A week ago, Times of San Diego asked USD officials about the federal rulings.

Cameran Zech, USD associate director of media relations, replied with a statement leaving out a reference to federal rules.

“As an independent, Catholic university operating in the State of California, the University of San Diego is obligated to align our student and employee health insurance plans with state law,” Zech said. “We encourage our community members to consult with their medical providers on the best course of treatment for any medical concern.”

According to Kevin Durawa, a state spokesman, the Knox-Keene Health Care Service Plan Act of 1975 requires DMHC-regulated health plans to provide basic health care services to enrollees.

“The California Constitution prohibits health plans from discriminating against women who choose to terminate a pregnancy,” he said. “The DMHC follows the law, and has taken steps to ensure ‘religious employers’ may purchase products in compliance with the law.”

As a result, DMHC approved Skyline’s request for an abortion-coverage exemption as a religious employer in compliance with the law and court order, Durawa said.

‘Religious Employer’ at Issue

The College Fix story said USD chief spokeswoman Martinez ignored questions about the federal rulings and whether her school would apply for a state waiver.

Churches are one thing. But what about Catholic schools? Can they drop abortion services from their student health plans?

“The DMHC reviews exemption requests based on the requirements in the law. Health and Safety Code section 1367.25(c)(1) defines the term ‘religious employer,’” Durawa replied Friday, adding that the DMHC has not received a request from the University of San Diego.

USD Business School
USD Board Chairman Donald Knauss and his wife, Ellie, announce a $50 million donation. Photo via @usd_business Twitter

(Among other things, a “religious employer” is one with the purpose of inculcating “religious values,” primarily employs those who share its religious tenets and mainly serves people holding its religious tenets.)

“If an employer, including the University, believes they fall under a religious exemption under the law, they should contact the DMHC,” the state spokesman said via email.

What say USD?

“The University of San Diego does not qualify as a religious employer under the cited statute,” said Zech, who later responded: “The University of San Diego is a religiously affiliated university that is not exempt from certain state and federal laws.”

Latest IRS filing by nonprofit Student Free Press Association, which funds The College Fix. (PDF)
Latest IRS filing by nonprofit Student Free Press Association, which funds The College Fix. (PDF)

USD had 8,815 students (undergraduate and graduate) in the fall of 2022, the most recent data available, with 3,769 students identified as male and 5,046 as female.

All students are required by the Affordable Care Act to have medical insurance, but about 1,600 students — or 18% of total enrollment — have opted in to the school’s $3,876-a-year Aetna health plan, which covers abortion services.

Aetna didn’t respond to questions on how many USD students in the past two years have gotten abortions under their plan.

It’s hard to estimate abortions on campus, said a spokeswoman for the Guttmacher Institute, an abortion-rights think tank.

“We do know that abortion is a very common experience, and 1 in 4 women will get an abortion in their lifetime, but that cannot be used to make an inference or prediction about a specific group,” said the rep, Isabel Guarnieri. “The majority of abortion patients are also living with low-incomes, already parents, and are disproportionately Black and Brown based on pervasive racial health disparities that impact peoples access to contraceptive options and other sexual and reproductive healthcare.”

USD Abortions Unknown

Guarnieri shared latest statistics but stressed that that the “demographic characteristics are far too complex to make predictions on a specific population.”

The College Fix — a Hillsdale, Michigan-based conservative site aiming to recruit future journalists — has singled out USD in the past on its abortion and gender affirming coverage.

Associate Editor Matt Lamb — who once worked at Students for Life of America, Students for Life Action and Turning Point USA — wrote of USD in November 2021: “Students (there) who want to chop off their genitals or cut off their breasts can get financial support through the school’s health plan.”

Times of San Diego asked Lamb why USD’s policies were questioned but not other major Catholic schools in California.

He replied: “USD is the only one in California so far that specifically mentioned state and federal regulations in a response to us, so when I saw the court settlements I thought it’d be a good way to press them further on that explanation.”

USD has about 5,000 female students, but only a fraction are covered by school's health plan.
USD has about 5,000 female students, but only a fraction are covered by the school’s health plan. Photo by Chris Stone

He added: “You have a great idea to actually go and ask each California university why they still cover abortions, I will assign a story on that, thanks for the suggestion.”

Last week’s Hurley story on USD also noted that the San Diego diocese, “which is led by the liberal Cardinal Robert McElroy,” declined to comment on the actions of a Catholic university in its jurisdiction. (The diocese didn’t respond to our request for comment either.)

McElroy is a longtime punching bag for the Church Militant and other conservative media outlets for not making abortion the No. 1 issue for Catholic attention.

“Based on your questions, I’m guessing you understand Catholic Church politics,” Lamb wrote. “We’ve covered a number of Catholic universities located under the jurisdiction of both liberal prelates (i.e. just recently Loyola Chicago) and conservative prelates (i.e. University of San Francisco, Fordham University).”

He said he started writing about this issue nine years ago. He also said he doesn’t see abortion services covered at Santa Clara University, another Catholic school.

Santa Clara and two other major state Catholic schools — Loyola Marymount University and the University of San Francisco — also offer Aetna student health plans. They didn’t respond to requests for comment.

Cardinal Not in Charge

USD was founded as separate women’s and men’s colleges — by a convent head and a San Diego bishop. Along with its School of Law, they merged in July 1972, governed by its own Board of Trustees, which included clerics from the San Diego diocese.

According to Wikipedia, the school is no longer governed directly by the Diocese of San Diego.

“Today, a lay board of trustees governs the university’s operations. However, the Bishop of San Diego, Robert W. McElroy, retains a seat as a permanent member and retains control of the school’s designation of ‘Catholic,'” a dated article says.

(However, McElroy isn’t listed now — either on USD’s board, as a member of any recent committee or even among its “Trustees Emeriti.”)

But McElroy celebrates Mass at the parish Immaculata Church and gives talks on campus, which also hosts the diocese’s St. Francis Center for Priestly Formation, comprising “both the Office for Priestly Formation of the Diocese of San Diego and a house of formation for men preparing for admission to a seminary school of theology.”