Today, the president announced a so-called compromise on his mandate for free abortion-inducing drugs and contraception from employers. This new proposal changes virtually nothing, except perhaps the president’s re-election chances, if the public can be seduced by appearances.
The “compromise” from his original rule — which sparked a firestorm among religious groups and landed his administration in three federal courts — is not the obvious fix, which would be to expand the mandate’s current exemption so it spares all organizations with conscience-based objections.
No, under the “compromise,” the exemption — the narrowest conscience protection in any federal or state law — has not budged. (It still protects only the fraction of religious organizations that primarily employ and serve people of their own faith and that inculcate religion as their primary purpose — thus still excluding religiously affiliated schools, universities, shelters, and many others that serve their larger communities.)
For the host of religious organizations not exempt from the mandate, the president today promised a different plan. Now, under a rule yet to be developed, their insurance companies — not the religious employers themselves — would be forced to pay for the abortion-inducing drugs, sterilization, and contraception. So we are to believe that these for-profit insurance companies will simply forego piles of revenue: HHS Secretary Kathleen Sebelius has repeatedly asserted the cost of birth-control pills alone to be up to $600 per person every year.
Anyone who understands business or economics knows how companies respond to such edicts: When the balloon is squeezed at one end, it swells at the other. They shift charges around so their customers still bear the cost; companies cannot magically eliminate costs. Religious employers would still ultimately be paying for these services against their conscience, with the costs spread through higher insurance premiums for their employees.
And the problems with the president’s new plan don’t end there.
First, hundreds if not thousands of religious organizations have self-insured plans, where the religious organization is the “insurance company.” The new “compromise” offers them nothing. They remain in the same morally untenable position. Ironically, many religious organizations chose self-insurance to avoid state contraception mandates.
Second, it’s still unclear whether, even under the new proposal, non-exempt religious organizations (for-profit organizations, individuals, or non-denominational organizations) will have their religious liberty protected at all. The announcement today only reinforces how the government’s policy intends to treat different religious groups and individuals differently — another constitutional sin.
Most telling is that the details of this supposed compromise will probably not congeal into a binding new rule until — you guessed it — after the election. The process that produced the current mandate likewise began with lofty assurances from the president himself, repeated just months ago, that it would protect the right of conscience. We all now know how that turned out. Fool me once, shame on you. Fool me twice? Not so fast.
— Hannah Smith is senior counsel at the Becket Fund for Religious Liberty, the only law firm that has challenged the mandate in three separate federal lawsuits.
Another "perfect compromise" for the Left.
My wife taught parochial school for 25 years; it was an excellent little school that managed to thrive on a shoestring of minimal tuition, parental volunteerism, and donations from the alumni. Everyone understood that there of course was an insurmountable bar against them ever receiving a penny of government aid since, of course, this was "a sectarian school with a predominantly religious mission."
I'm betting that today the staff at the school is exceedingly surprised to learn of the new requirement that their teachers be supplied with abortifacients, as Obama and Ms. Sebelius place them within her "reproductive health mandate" . . . since apparently "inculcating religion is not their primary purpose."
Gotta keep that liberal narrative straight!
Reply to this commentLinkReport AbuseThis clown in the white house is seriously disturbed. He should be in a mental hospital, not our "messiah"
Reply to this commentLinkReport AbuseHow about an individual conscience objection? If I don't want to pay for insurance that covers abortion, I should get to choose a company that doesn't cover abortion.
I fear Obama will deal with the Catholic church, and those of us with objections will be left in the dust.
Reply to this commentLinkReport AbuseAsk Susan Komen about that
Reply to this commentLinkReport AbuseHannah makes an outstanding point about a fundamental implementation problem in Obama's compromise. That is, insurance companies aren't going to eat into their bottom line to accommodate Obama's re-election campaign. The cost will be passed on to consumers which means Catholic institutions and their affiliates will still fund contraception and abortifacient medications, albeit in a more obfuscated way.
However, this isn't a Catholic - or more generally a religious - issue at the core. The crux is federal government overreach trampling on rights enumerated since 1791. In particular, the latest controversy provides a concrete example of how federally-mandated health care stomps all over the first amendment.
Madison said it well when responding to Henry's attempt at preferential treatment for particular sects and religions in Virginia:
Because finally, "the equal right of every citizen to the free exercise of his Religion
according to the dictates of conscience" is held by the same tenure with all our
other rights.
Finally, folks who aren't Catholic (or religious more generally) and think this doesn't affect them would be wise to remember Niemöller's famous poem:
.First they came for the communists,
.and I didn't speak out because I wasn't a communist.
.Then they came for the trade unionists,
.and I didn't speak out because I wasn't a trade unionist.
.Then they came for the Jews,
.and I didn't speak out because I wasn't a Jew.
.Then they came for me
Reply to this commentLinkReport Abuse.and there was no one left to speak out for me.
The HHS rule is unconstitutional. The "compromise is equally unconstitutional.
The wording of the First Amendment is clear: "...or prohibiting the free exercise thereof." The free exercise of religion is not limited to the freedom to attend church, but rather includes the ability to live one's religious beliefs. The HHS rule clearly prohibits living one's religious beliefs as they regard contraception, sterilization and abortifacients.
The "separation of church and state", so revered by the left (though it actually appears nowhere in the Constitution,) should apply equally to church involvement in the affairs of government and government involvement in the affairs of religion.
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