I recently came across two excellent articles on the federal lawsuit against the HHS mandate that I thought it was worth sharing.
Mary Ann Glendon, professor at Harvard Law School, wrote an article in the Wall Street Journal about the attack on religious organizations.
Here is an excerpt from her article:
Along with leaders of other faiths who have conscientious objections to all or part of the mandate, they hoped to persuade the government to bring its regulations into line with the First Amendment, and with federal laws such as the Religious Freedom Restoration Act that provide exemptions to protect the conscience rights of religious institutions and individuals.
On Jan. 20, however, HHS announced it would not revise the mandate or expand its tight exemption, which covers only religious organizations that mainly hire and serve their co-religionists. Instead, the mandated coverage will continue to apply to hospitals, schools and social service providers run by groups whose religious beliefs require them to serve everyone in need.
Continued attempts to solve the problem by negotiation produced only an announcement by the Obama administration in February that insurance providers would pay for the contested services. Since many Catholic entities are self-insured and the others pay the premiums, the bishops’ concerns were not alleviated.
The main goal of the mandate is not, as HHS claimed, to protect women’s health. It is rather a move to conscript religious organizations into a political agenda, forcing them to facilitate and fund services that violate their beliefs, within their own institutions.
You can read the whole story here.
The second article I came across is written by George Weigel from the National Review Online. Mr. Weigel also argues that the HHS mandate violates the freedom of religion.
Here is an excerpt from the article:
This is not an argument about birth control, nor is it part of some “War on Women” waged by misogynistic clerics and their political allies from the fever swamps of the Right. The mandate is being legally challenged, in twelve different federal district courts, on the grounds that it violates the provisions of the Religious Freedom Restoration Act and the First Amendment’s guarantee of the free exercise of religion. If those legal protections mean anything, they must mean that neither religious institutions nor individuals can be compelled to provide “services” that are readily available through means other than coercing religiously informed consciences. Contraceptives are more readily available in the United States in 2012 than either cigarettes or beer. There is no compelling public need to dragoon institutions and individuals who conscientiously object to providing them into doing so — with the threat of ruinous financial penalties if they do not.
This argument over the meaning of religious freedom was not initiated by the Catholic Church; it was initiated by an administration that seems to regard “religious freedom” as merely a privacy right to certain kinds of recreational activities (like worship). As in its international human-rights policy (which speaks exclusively of “freedom of worship”), the administration seems unwilling or unable to grasp an elementary truth: Religious convictions are community-forming, and those communities, like the individuals whose conscientious convictions form them, are the subject of genuine religious freedom.
Click here to read the whole article.