The battle over certain mandates of Obamacare and freedom of religion continues across America. Last week the Catholic Diocese of Pittsburgh and Erie Diocese won for their charitable arms an injunction against the contraceptive mandate in Obamacare. In June Geneva College won a similar injunction.Likewise, Hobby Lobby, a chain of crafts stores, has won its case with a federal appeals court. The owners, that is, the majority stockholders in this corporation, the Green family, objected to Obamacare's mandate that they provide their employees insurance coverage for some contraceptives.
The Green family told the justices that because some contraceptive drugs and devices can prevent embryos from implanting in the womb they are tantamount to abortion. So providing health insurance coverage for those forms of contraception would make the company and its owners complicit in the practice.
This is a very big deal. If you personally find nothing wrong with contraceptives that is certainly your right. (Not to cause a distraction in my own blog, but I question if you have a right under God to "contraceptives" that kill another human being, no matter how small.) My understanding is the Catholic Church teaches against all forms of contraceptives while the other cases above object to "contraceptives" that act as abortifacients. The point is - these groups object to this mandate in Obamacare due to their religious beliefs. You may have your own view on the legitimacy of all kinds of contraceptives, but you must acknowledge that some people and organizations may have deeply held religious beliefs that make it impossible for them to accept this health insurance mandate.
What is interesting in the Hobby Lobby case is the claim that corporations have religious liberty. The Supreme Court ruled in 2010 in Citizens United that corporations had free speech rights under the First Amendment. The appeals court in the Hobby Lobby case used the same logic and said Hobby Lobby had the freedom of religion that would allow them to opt out of this Obamacare mandate. Otherwise, Hobby Lobby's choices would be to act against its religious beliefs, not provide the insurance coverage and be subject to federal fines of $1.3 million per day (!), or drop insurance coverage that would lead to $26 million per year fine.
I really don't know what to make of the corporation argument. I guess it seems reasonable. I do strongly object to any organization (which consist of individuals with their own religious beliefs) - the Catholic Church, Geneva College, Hobby Lobby - or any individual from being coerced by the federal government into buying or supporting any good or service that goes against their religious beliefs. (Ahhh, these are the times we live in - I just wrote a sentence that said the feds were coercing us to buy a good or service and my objection was based on religious freedom. Should the feds be allowed under the constitution to coerce us to buy anything? Huh, Justice Roberts?) As I wrote previously in this blog, our religious liberty is under attack.
The Obama administration is appealing these cases and one or more will end up at the Supreme Court. Obama must fight these objections to Obamacare all the way. After all, Obamacare is about government control. Government knows what is best for us regardless whether we need the level of insurance coverage or even if we object on religious grounds.
Let's say the above organizations win and the courts rule that religious groups such as Catholic Charities, Geneva College, or even secular corporations can opt out of this contraceptive mandate? Great, but excuse me, that is not enough.
There are two problems. First, there should not be an opt out when the mandate violates the First Amendment. There should be a prohibition against the mandate. The federal government should not be allowed to issue exemptions on a matter that is protected by our inalienable rights enshrined in the First Amendment. Second, what about individuals? What if I, as an individual, buy health insurance in the open marketplace and I object to having to pay for a policy that includes contraceptive coverage? Certainly the First Amendment applies first to individual citizens! (Not to mention that I may object to certain other minimum requirements being forced on me by Obamacare such as coverage for drug addiction or alcohol abuse -partaking in any of these goes against my religious beliefs.)
No matter what your beliefs are about contraceptives, my friends, I hope you can see how Obamacare violates all of our religious freedom. Let me know your thoughts.
UPDATE 11/26/13
Today the Supreme Court announced they will take up the Hobby Lobby case. While dozens of companies have sued the Obama administration over the mandate that most employers -- with the exception of churches and religious non-profits -- have to cover the full range of contraceptives in their health insurance plans, the Supreme Court will hear the most high-profile case I addressed above. Along with Hobby Lobby they will also take up Conestoga Wood Specialties Corp. v. Sebelius, a case filed by a Pennsylvania-based furniture company owned by a family of Mennonites. Observers believe that the cases will be heard together, likely in March 2014, with a decision expected in June.
