December 4, 2013

Contraception Exceptions

For many Americans, religion is something you do on weekends and holidays. For others, it is the central organizing principle of life. That split helps explain the dispute over Obamacare’s requirement that businesses pay for their employees’ contraceptives, which is the focus of two cases the Supreme Court agreed to hear last week. President Obama says forcing employers to provide 100 percent coverage for 20 kinds of contraception is a straightforward matter of “public health and gender equality.” He nevertheless recognizes that the rule runs afoul of certain religious doctrines, which is why he exempted churches and offered to accommodate church-affiliated organizations such as hospitals and universities by routing contraceptive coverage through a middleman.

For many Americans, religion is something you do on weekends and holidays. For others, it is the central organizing principle of life. That split helps explain the dispute over Obamacare’s requirement that businesses pay for their employees’ contraceptives, which is the focus of two cases the Supreme Court agreed to hear last week.

President Obama says forcing employers to provide 100 percent coverage for 20 kinds of contraception is a straightforward matter of “public health and gender equality.” He nevertheless recognizes that the rule runs afoul of certain religious doctrines, which is why he exempted churches and offered to accommodate church-affiliated organizations such as hospitals and universities by routing contraceptive coverage through a middleman.

But the idea that a profit-making enterprise could raise an equally valid religious objection to the mandate seems beyond the president’s ken. After all, business is business, and religion is religion.

That is not how David and Barbara Green see it. The Greens, who together with their three children own the Oklahoma-based craft store chain Hobby Lobby, are dedicated to “honoring the Lord in all we do by operating the company in a manner consistent with Biblical principles.”

Norman and Elizabeth Hahn, Mennonites who together with their three sons own Conestoga Wood Specialties, a Pennsylvania cabinet manufacturer, likewise do not leave their religious scruples at the threshold of their business. Conestoga declares, for example, that “human life begins at conception,” adding that “it is against our moral conviction to be involved in the termination of human life through abortion, suicide, euthanasia, murder or any other acts that involve the taking of human life.”

Both the Greens and the Hahns believe certain forms of contraception (IUDs and pills taken after intercourse) fall into that category because they can prevent implantation of a fertilized ovum. They therefore believe that forcing them to pay for those contraceptives makes them complicit in the taking of human life.

Such a requirement, the Greens and the Hahns argue, violates the Religious Freedom Restoration Act (RFRA), which says “government may substantially burden a person’s exercise of religion” only if it is “the least restrictive means” of serving a “compelling governmental interest.” Congress passed RFRA almost unanimously in response to a 1990 Supreme Court decision that loosened the restraints on laws that limit religious freedom.

Last June the U.S. Court of Appeals for the 10th Circuit ruled that the contraceptive mandate probably fails RFRA’s test, opening the way to a preliminary injunction barring the government from enforcing the rule against the Greens. A month later the U.S. Court of Appeals for the 3rd Circuit rejected the Hahns’ RFRA claim, declaring that “a for-profit, secular corporation cannot engage in the exercise of religion.”

Money changes everything, I guess. As the 10th Circuit pointed out, it is well established that nonprofit corporations such as churches can “engage in the exercise of religion.” The Obama administration conceded as much when it exempted houses of worship from the contraceptive mandate.

Furthermore, the Supreme Court has heard religious freedom claims by Jewish merchants who challenged a Sunday closing law and by an Amish employer who objected to paying Social Security taxes. If people do not lose their religious liberty when they create nonprofit corporations or when they start businesses, why should they sacrifice this right when they combine the corporate form with a monetary motive?

The Supreme Court repeatedly has held that for-profit corporations (such as The New York Times Company) are protected by the First Amendment, recognizing that such organizations are one way individuals exercise their rights to freedom of speech and freedom of the press. The same is true of religious freedom.

To insist otherwise requires a kind of compartmentalization that is anathema to people whose faith infuses the way they do business. “Since Conestoga is distinct from the Hahns,” the 3rd Circuit averred, “the Mandate does not actually require the Hahns to do anything.” Maybe the court could explain that to God.

COPYRIGHT 2013 CREATORS.COM

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.