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Supreme Court To Decide If Corporations Are Religious People Too

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Jesus Hoards
Jesus Hoards

The Supreme Court inexplicably ruled recently that corporations are people when it comes to spending political money; now this same court is going to rule whether for-profit corporations have religious rights as well. Rights that then would trickle down to the employees, squashing the employee’s rights. If this law passes, the religious affiliation of businesses will have to become a factor for workers deciding where to work. Will the corporation have to disclose the religious affiliations of each and every shareholder? Just the C.E.O. and President? The Board of Directors? Who controls the “Corporate Personhood”? How does Hobby Lobby take communion wafers and confession? Does Hobby Wine only drink grape juice like some Protestants?

Buzzfeed needs to make a listicle: 23 Odd Religious Practices Your Boss Might Insist Upon. I can imagine some of them now, like what if your boss was a Rastafarian, and insisted you treat cannabis as a sacrament each and every day? A Christian Scientist? You couldn’t go to the doctor at all, only pray for God to intervene. Orthodox Jewish boss? Better keep kosher, including paying attention to Shatnez- meaning you cannot mix wool and other fibers in the same clothing. If you worked for Staples when Mitt Romney owned it, would you have to wear the magic underwear? And be forbidden from drinking coffee? How about if your company’s board has members of Digambara Jain? Would you have to be nude all the time after you reached a certain age? If you worked for a Jehovah’s Witness like Prince, could your boss prohibit you from getting a blood transfusion? A Scientologist boss would prohibit you from Prozac and other psychiatric drugs and treatment. A Quaker corporation might not want its taxes to go to support building of war machines, would that be ok for the Court? What about wearing ornaments? God has railed against the wearing of ornaments in Exodus 33.

These are jokes, almost, but depending upon how the Supreme Court rules, the joke might turn to ashes in our mouths. I know the prospect scares me, and I’m self-employed. I really don’t want to live in the Christian Theocracy these zealots are trying to create…

God Is Ugly

God Is Ugly 

Some coverage regarding this scary, scary issue that I read today, including this overview from Adam Liptak, New York Times:

In June, the United States Court of Appeals for the Tenth Circuit, in Denver, ruled for Hobby Lobby (PDF), a corporation owned by a family whose members have said they try to run the business on Christian principles. The company, which operates a chain of arts-and-crafts stores and has more than 15,000 full-time employees of many faiths, objected to a requirement in the health care law that large employers provide their workers with comprehensive insurance coverage for contraception.

Hobby Lobby told the justices that it had no problem with offering coverage for many forms of contraception, including condoms, diaphragms, sponges, several kinds of birth control pills and sterilization surgery. But drugs and devices that can prevent embryos from implanting in the womb are another matter, and make it complicit in a form of abortion, the company said.

The law presents companies with difficult choices, Hobby Lobby told the justices. Failing to offer comprehensive coverage could subject it to fines of $1.3 million a day, it said, while dropping insurance coverage for its employees entirely could lead to fines of $26 million a year.

The Tenth Circuit ruled that Hobby Lobby was a “person” under the Religious Freedom Restoration Act of 1993, and that its religious beliefs had been compromised without good reason.

Kyle Duncan, a lawyer with the Becket Fund for Religious Liberty, which represents Hobby Lobby, said he was pleased that the justices had agreed to resolve the split among the federal appeals courts. “We hope the Supreme Court will vindicate the rights of family business owners,” he said.

Nancy Northup, the president of the Center for Reproductive Rights, said in a statement that “the right to religious freedom belongs to individuals, not for-profit institutions.”

“These for-profit companies,” she said, “are no more entitled to deny women insurance coverage for essential health care than they are to dictate how any of us can and cannot spend our paychecks.”

In July, the United States Court of Appeals for the Third Circuit, in Philadelphia, ruled against the Conestoga Wood Specialties Corporation (PDF), which makes wood cabinets and is owned by a Mennonite family that had similar objections to the law. The Third Circuit concluded that “for-profit, secular corporations cannot engage in religious exercise.”

David Cortman, a lawyer with Alliance Defending Freedom, which represents the company and its owners, said the ruling was misguided. “The administration has no business forcing citizens to make a choice between making a living and living free,” he said.

The Third Circuit rejected an analogy to the Supreme Court’s 2010 decision in Citizens United, which ruled that corporations have a First Amendment right to free speech. Though the First Amendment also protects the free exercise of religion, Judge Robert E. Cowen wrote for the majority of a divided three-judge panel, “it does not automatically follow that all clauses of the First Amendment must be interpreted identically.”

But a five-judge majority of an eight-judge panel of the Tenth Circuit, in the Hobby Lobby case, said that “the First Amendment logic of Citizens United” extended to religious freedom.

“We see no reason the Supreme Court would recognize constitutional protection for a corporation’s political expression but not its religious expression,” Judge Timothy M. Tymkovich wrote for the majority.

(click here to continue reading Justices to Hear Contraception Cases Challenging Health Law – NYTimes.com.)

I AM GOD YOU ARE GOD
I AM GOD YOU ARE GOD

Amelia Thomson-Deveaux notes that neither of these businesses are even Catholic, so why would they object to contraception?

Oddly enough, neither of the business owners involved are Catholic, even though the first objections to the contraception mandate were raised by Catholic leaders, who didn’t want religiously affiliated hospitals and schools to provide birth control, which the Catholic hierarchy considers taboo. One case—Sebelius v. Hobby Lobby Stores, documented extensively for the Prospect by Sarah Posner earlier this summer—deals with an arts-and-crafts chain owned by evangelical Christians. The other—Conestoga Wood Specialties v. Sebelius—hones in on a smaller, Mennonite-owned cabinet door manufacturer.

Neither of the plaintiffs’ arguments mention doctrinal objections to contraception. That’s because Protestants, unlike Catholics, don’t believe that birth control is immoral. In fact, the denominations’ divergent views on the two issues created a kind of intra-Christian culture war throughout much of the twentieth century. Haunted, in part, by neo-Malthusian fears about the world’s rapid descent into overpopulation, the Church of England officially moderated its stance on contraception in 1930. Over the course of the following decade, most American Protestant denominations followed suit. The Mennonite Church does not have an official stance on birth control.

When evangelical Christians decided to throw in their lot alongside the Catholic hospitals and schools seeking an exemption from the contraceptive mandate, their argument was, to put it mildly, a stretch. When Wheaton College, an evangelical liberal arts school in Illinois, asked the Obama administration for an emergency injunction against the contraception mandate last year, it emerged that the college was not eligible because it had “inadvertently” been including emergency contraception in its student health plan.

It should also be noted that neither of the cases that will appear before the Supreme Court are founded on sound science; both allege that emergency contraception—and, in the Hobby Lobby case, the IUD—is a form of abortion. This relies on the notion that pregnancy begins when the egg is fertilized—not, as the medical community contends, when a fertilized egg implants in the uterine wall. This means that regardless of what the Supreme Court decides, the facts of the case will be based on junk science, not theology. The Catholic Church, whether you agree with it or not, has consistently maintained that birth control is a fundamental evil. Protestant attempts to overturn the contraception mandate aren’t about theological objections to birth control—they’re an effort to dramatically expand religious freedom rights for conservative Christians.

(click here to continue reading The Contraception-Mandate Cases Aren’t Really About Contraception.)

The Devil and Pope
The Devil and Pope

Jessica Valenti writes

Today the Supreme Court announced it will hear two cases concerning the Affordable Care Act’s requirement that companies’ insurance plans cover birth control. Hobby Lobby and Conestoga Wood Specialties claim the mandate violates their belief against certain kinds of contraception—pitting female employees’ right to a nondiscriminatory health plan against a company’s religious freedom. (I also fervently hope these companies are fighting as hard to ensure that their unmarried male employees don’t have access to sin-pills like Viagra.)

Most American women—99 percent—will use birth control at some point in their lives. Twenty-seven million women are being covered by this provision right now. So I have to wonder what companies that don’t want to cover birth control will tell their female employees should the contraception mandate be struck down. Abstinence? Aspirin between the knees, perhaps?

There’s also an incredibly slippery slope here—if employees’ health plans have to adhere to company owners’ religious beliefs, what happens if your boss doesn’t believe in vaccinations? Or as Guardian columnist Jill Filipovic tweeted, “What if your blood transfusions violate your employer’s religious beliefs? No surgery coverage?” Ilyse Hogue, president of NARAL Pro-Choice America said in a statement, “Allowing this intrusion into personal decisions by their bosses opens a door that won’t easily be shut.”

(click here to continue reading Birth Control Coverage: It’s the Misogyny, Stupid | The Nation.)

Katie McDonough: 

“The corporations that brought these cases have views that are far outside the mainstream, and the outcome of these cases could have extreme consequences for millions of Americans,” Cecile Richards, president of Planned Parenthood Federation of America, said in response to the news. “For the first time ever, the court could decide that corporations have the right to opt out of a legal requirement — based entirely on the personal beliefs of their owners.”

“The right to religious freedom belongs to individuals, not for-profit institutions,” said Nancy Northup, president and CEO of the Center for Reproductive Rights. “These for-profit companies are no more entitled to deny women insurance coverage for essential health care than they are to dictate how any of us can and cannot spend our paychecks.”

But the 10th Circuit Court of Appeals, in its ruling in the Hobby Lobby case, suggested it believes that the Supreme Court will rule to protect the so-called religious expression of for-profit corporations, citing the 2010 Citizens United decision as an example of the court defining corporate personhood. “We see no reason the Supreme Court would recognize constitutional protection for a corporation’s political expression but not its religious expression,” the court wrote.

(click here to continue reading Supreme Court to hear cases challenging contraception mandate – Salon.com.)

I AM Temple Faux Lomo
I AM Temple Faux Lomo

The president of Hobby Lobby is a member of the Christian Taliban if there ever was one:

Among his more controversial beliefs: Gothard thinks he can determine a person’s character simply by staring into their eyes, that disease has spiritual causes and that men are the sovereign rulers of the household. His books provide detailed instructions on how women ought to stand, in addition to diagrams of the appropriate length of men’s pants and illustrations of suitable female hairstyles.

In 2002, Green, acting through his family trust, purchased and then leased a vacant college campus to Gothard’s ministry. A year later, Green, this time acting through Hobby Lobby itself, purchased a shuttered hospital in Little Rock, Ark., and donated it to Gothard for the purposes of building a local training center.

These weren’t mere business transactions, either. The website of one of Gothard’s many ministries features video of Steve Green describing Hobby Lobby’s “desire to share Christ and Disciple others.” And in a review of Gothard’s book, The Amazing Way, David Green, father of Steve Green and founder of Hobby Lobby, wrote that, “Through the example and teachings of Bill Gothard and the Institute in Basic Life Principles, we have benefited both as a family and in our business. It is as we take those lessons from God s Word that Bill clearly articulates that we live the full life that God intends.”

Objective courses about the Bible are permissible in public schools, but Sunday School lessons are a different matter entirely. Green’s past statements and Religious Right connections indicate that he’s actually trying to promote a specific perspective on the Bible: his own.

(click here to continue reading Curricular Controversy: Hobby Lobby President Proposes Bible Elective in Okla. Public School | Americans United.)

I know I’m never setting foot in a Hobby Lobby again:

Hobby Lobby, the giant craft retailer known for providing knitting wool, holiday trinkets, fake flowers, and just about any other craft-centric material one could need, balks at providing certain types of medical care for its employees. That is because the company, which has 559 stores across the country and brings in $3 billion in revenue each year, is owned by the Green family—devout Christians who believe that human life begins at conception and that using certain types of birth control violates their religious beliefs.

The Greens, who often have Hobby Lobby buy newspaper ads encouraging people to “know Jesus as Lord and Savior,” also think that their religious beliefs should be imposed on Hobby Lobby’s 22,000 employees. Because of their religious convictions, the Greens have asked a federal court, in a case called Hobby Lobby v. Sebelius, to exempt their for-profit corporation from the Affordable Care Act’s requirement that companies with more than 50 employees offer health plans covering contraception.

In 2011, the Department of Health and Human Services announced that minimum standards for employer health plans would include preventive care for women, including mammograms, cervical-cancer screenings, prenatal care, and contraceptives—all services that are vital to women’s health and well-being. The Obama administration provided an exemption from the contraception-coverage requirement for “religious employers”—churches and nonprofit religious organizations—but not for for-profit, secular corporations such as Hobby Lobby. 

Hobby Lobby v. Sebelius is one of 40 lawsuits filed across the country asking federal courts to exempt a for-profit corporation from the Affordable Care Act’s contraception requirement. It is also one part of a coordinated effort led by conservative legal groups to undermine the Affordable Care Act and avoid complying with other laws.

(click here to continue reading Hobby Lobby v. Sebelius: Crafting a Dangerous Precedent | Center for American Progress.)

 Iota Eta Sigma

Iota Eta Sigma

So if a for-profit corporation is religious, is it based on its board members? Share holders? Founders? Who gets to decide what religion a company is?

Even if one assumes that the mandate represents a “substantial burden,” another problem with the argument being made against the mandate is that the free exercise of religion is an inherently individual act. As Sarah Posner argued, the idea that a secular, for-profit corporation can “exercise” religion is a strange concept that would be inconsistent with a substantial body of precedent. Some have argued that the Court’s Citizens United decision should be seen as changing the legal context, the issues involved are very different. Corporations must have some free speech rights because the dissemination of speech often involves corporate entities—Congress cannot ban the showing of Masters of Sex just because it’s distributed by Viacom. Religious exercise, conversely, is inherently personal. Some shareholders in the Hobby Lobby may have religious beliefs that contradict the religious mandate, but the corporation itself cannot.

What about closely held corporations?

One potential argument, recently made by the D.C. Circuit Court of Appeals, is that a corporation itself cannot exercise religion, but a corporation’s owners can. Since one argument made by Conestoga Wood is that the religious rights of the company’s owners have been violated even if those of the company cannot be, the case is presumably a vehicle for the Court to examine this legal question as well. In my judgement, this argument is no more convincing than Hobby Lobby’s. The owner of a business cannot obtain the advantages of a corporate form (including substantial insulation from personal liability) while remaining an individual when it is advantageous to do so. Nonetheless, it would not be surprising for the Supreme Court to split the baby by rejecting the Hobbby Lobby’s claim while accepting the ones raised by the owners of Conestoga.

(click here to continue reading The Affordable Care Act v. Supreme Court, Round 2.)

Jill Filipovic of the Guardian, U.K.

On its face, it seems odd to even consider the question seriously. After all, no one is forcing the owners of the company to take contraception or purchase contraception. The belief in question – that certain types of contraception are “abortifacients” – is also far from scientific fact. Also, the company owners issue their employees a pay check and have no say over how the employees spend it; they have no say over the activities their employees participate in on a vacation day.

It’s certainly not violating the company’s religious freedom for an employee to use the money paid to them by the company for a whole series of things that the company owner may find religiously objectionable, including buying contraception. It’s certainly not violating the company’s religious freedom for an employee to use a company-issued vacation day to enjoy a whole series of things that the company owner may find religiously objectionable, including, say, a full-day contracepted sex-fest, a trip to Mecca or a pork barbecue.

So why is it a problem for employees to use their health insurance for the care they and their doctors agree upon?

The cases the supreme court will hear were brought under the Religious Freedom Restoration Act (RFRA), which bars the government from “substantially burden[ing] a person’s exercise of religion” unless that burden is justified by a “compelling reason”. Free religious exercise is burdened when the government forces an individual to participate in activities that violate their religious beliefs, but not every infringement on religious beliefs is a substantial burden. As the ACLU points out in their amicus brief to the supreme court, the contraception law doesn’t force the owners of the Hobby Lobby craft store to violate their own religious beliefs. It requires them to cover health insurance, which may subsidize someone else’s activities that violate the Hobby Lobby owners’ religious values – but again, the same could be said for issuing a pay check.

By refusing to cover contraception, the Hobby Lobby owners (and the owners of the other companies claiming the healthcare law infringes upon their religious freedom) are in fact using their own religious beliefs to deny benefits to their employees who may not share those beliefs at all. That’s not religious freedom; it’s religious tyranny.

The company heads bringing these claims want to have it both ways. By incorporating, owners and shareholders create separate entities and are not personally liable for their employees’ salaries or health insurance costs – the entire point of incorporating is to create a legal entity separate from the individuals who created it. Yet these owners and shareholders want the court to consider their personal religious beliefs indistinguishable from those of the corporation, and allow those beliefs to dictate the kind of healthcare coverage their employees receive.

(click here to continue reading Get real: covering contraception doesn’t violate employers’ religious freedom | Jill Filipovic | Comment is free | theguardian.com.)

At least my corporation is atheist (because I am)

Written by Seth Anderson

November 27th, 2013 at 10:53 am

Catholic Bishops and Contraception

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Rectum
Rectum

Joan Walsh articulates what I wondered earlier - how can the Catholic Church claim non-profit, tax-exempt status when they are so overwhelming partisan? and joining the ranks of the Christian-Taliban Republicans? ewww. Social justice be damned I guess, the Church flock might be using condoms! The horror! The horror!

And at Sunday Mass, bishops and parish priests throughout the nation read aloud the stunningly political letters about the controversy they already had planned. Now, with the bishops’ blessing, Republican are hard at work on legislation that would force HHS to strip the contraceptive coverage requirement for all employers, not just religious employers. Sen. Roy Blunt would allow employers to decline to cover any service they deem objectionable; Sen. Marco Rubio would restrict the legislation to contraception coverage.

I have a couple of reactions to the bishops’ extremism. First of all, as someone raised Catholic, I wonder why they’ve never read letters about any of their social justice priorities: universal healthcare, increased protection for the poor, labor rights, or action to curb climate change? Why does this topic  – not even the morally challenging issue of abortion, but the universally accepted practice of birth control – merit such a thundering reaction from the pulpit?

Second, as an American, I also wonder: How do they continue to demand tax-exempt status when they’re railing in their churches about blatantly political – and divisively partisan – public concerns? As the first writer on my remarkably sane Catholic tribalism letters thread remarked, their public support for the extremist GOP position makes me think they should register as a Republican political action committee rather than remain a tax-exempt religious institution outside the bounds of politics.

I’ve written repeatedly that my inability to quit the Catholic Church entirely comes from the fact that its social teachings formed my social conscience, and to this day some of the people doing the most good for the poor and the excluded are devout Catholics. But the bishops are impossible to defend. Today, they are working on behalf of the Republican Party. “They have become the Pharisees,” says Andrew Sullivan, a conservative practicing Catholic. “And we need Jesus.”

(click here to continue reading The bishops go off the deep end – Catholicism – Salon.com.)

Written by Seth Anderson

February 14th, 2012 at 8:10 am

Catholics and Contraception

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Sanctae Hedwigis
Sanctae Hedwigis

The whole contraception kerfuffle is such an obvious, partisan position by cynical Catholic Church officials and their allies in Congress, I wonder how can the Church maintain its non-profit, tax exempt status?

Gail Collins writes:

These days, parish priests tend to be much less judgmental about parishioners who are on the pill — the military was not the first institution in this country to make use of the “don’t ask, don’t tell” system. “In most parishes in the United States, we don’t find them preaching about contraception,” said Jon O’Brien of Catholics for Choice. “And it’s not as though in the Mass you have a question-and-answer period.”

You have heard, I’m sure, that the Catholic bishops are in an uproar over an Obama administration rule that would require Catholic universities and hospitals to cover contraceptives in their health care plans. The Republican presidential candidates are roaring right behind. Mitt Romney claimed the White House was trying to “impose a secular vision on Americans who believe that they should not have their religious freedom taken away.”

Let’s try to work this out in a calm, measured manner. (Easy for me to say. I already got my mother-in-law story off my chest.)

Catholic doctrine prohibits women from using pills, condoms or any other form of artificial contraception. A much-quoted study by the Guttmacher Institute found that virtually all sexually active Catholic women of childbearing age have violated the rule at one point or another, and that more than two-thirds do so consistently.

Here is the bishops’ response to that factoid: “If a survey found that 98 percent of people had lied, cheated on their taxes, or had sex outside of marriage, would the government claim it can force everyone to do so?”

O.K. Moving right along.

The church is not a democracy and majority opinion really doesn’t matter. Catholic dogma holds that artificial contraception is against the law of God. The bishops have the right — a right guaranteed under the First Amendment — to preach that doctrine to the faithful. They have a right to preach it to everybody. Take out ads. Pass out leaflets. Put up billboards in the front yard.

The problem here is that they’re trying to get the government to do their work for them. They’ve lost the war at home, and they’re now demanding help from the outside.

(click here to continue reading Tales From the Kitchen Table – NYTimes.com.)

Right, if a Catholic women doesn’t want to use birth control, she doesn’t have to! Why make the rest of women follow the same rule?

Sideline
Sideline

Also worth noting, the loudest voices on this issue don’t seem to be as loud when discussing the Catholic Church’s anti-death penalty stance, or anti-war stance, or pro-immigrant stance. No, just the right of women to enjoy contraceptive options.

or as Markos “kos” Moulitsas puts it:

So to hear Republicans speak, President Barack Obama is waging a “war on religion” because of regulations requiring religious-affiliated hospitals to cover contraception for their employees. While the vast majority of denominations are cool with that, the Catholic bishops are throwing a hissy fit. You see, they are opposed to birth control because it encourages sex, and sex is only for procreation. Now most Catholics laugh at that nonsense, considering that 98 percent of sexually active Catholic women use birth control. Yet that hasn’t stopped the out-of-touch bishops from pressing ahead, and it certainly hasn’t stopped opportunistic Republicans from rallying to their defense, because, you see, opposing the bishops on this issue means a war on religion!

Wow. Got it. Problem is, under those standards, Republicans are waging quite the jihad of their own!

Republicans are waging war on the Pope by supporting the death penalty, immigrants, and poor people.

Fact is, on all these issues, as well as poverty relief, the DREAM Act, and many others, Republicans are severely at odds with the Catholic Church. Yet there is no talk about a Republican war on religion. Why? Because that notion is idiotic.

Oh, and because Fox News and a bunch of Republican presidential pretenders aren’t opportunistically fanning the flames.

(click here to continue reading Daily Kos: The GOP’s war on religion (or ‘two can play that game’).)

Immaculate Conception
Immaculate Conception

Igor Volsky:

Catholic leaders and the GOP presidential candidates have intentionally distorted the Obama administration’s new rule requiring employers and insurers to provide reproductive health benefits at no additional cost sharing. Conservatives are seeking a way to politically unite Republican voters around a social issue and portray the regulation as a big government intrusion into religious liberties. In reality, the mandate is modeled on existing rules in six states, exempts houses of worship and other religious nonprofits that primarily employ and serve people of faith, and offers employers a transitional period of one year to determine how best to comply with the rule. It’s also nothing new. Twenty-eight states already require organizations that offer prescription insurance to cover contraception and since 98 percent of Catholic women use birth control, many Catholic institutions offer the benefit to their employees. For instance, a Georgetown University spokesperson told ThinkProgress yesterday that employees “have access to health insurance plans offered and designed by national providers to a national pool. These plans include coverage for birth control.”

(click here to continue reading Many Catholic Universities, Hospitals Already Cover Contraception In Their Health Insurance Plans | ThinkProgress.)

Philadelphia Church - No time like right now
Philadelphia Church – No time like right now

Linda Greenhouse, in the middle of a good, long article, points out:

An obvious starting point is with the 98 percent of sexually active Catholic women who, just like other American women, have exercised their own consciences and availed themselves of birth control at some point during their reproductive lives. So it’s important to be clear that the conscientious objection to the regulation comes from an institution rather than from those whose consciences it purports to represent. (Catholic women actually have a higher rate of abortion than other American women, but I’ll stick to birth control for now.) While most Catholics dissent in the privacy of their bedrooms from the church’s position, some are pushing back in public. The organization Catholics for Choice, whose magazine is pointedly entitled Conscience, is calling on its supporters to “tell our local media that the bishops are out of touch with the lived reality of the Catholic people” and “do not speak for us on this decision.”

But suppose the counter-factual – that only half, or one-quarter, or five percent of Catholic women use birth control. The question would remain: Whose conscience is it? The regulation doesn’t require anyone to use birth control. It exempts any religious employer that primarily hires and serves its own faithful, the same exclusion offered by New York and California from the contraception mandate in state insurance laws. (Of the other states that require such coverage, 15 offer a broader opt-out provision, while eight provide no exemption at all.) Permitting Catholic hospitals to withhold contraception coverage from their 765,000 employees would blow a gaping hole in the regulation. The 629-hospital Catholic health care system is a major and respected health care provider, serving one in every six hospital patients and employing nearly 14 percent of all hospital staff in the country. Of the top 10 revenue-producing hospital systems in 2010, four were Catholic. The San Francisco-based Catholic Healthcare West, the fifth biggest hospital system in the country, had $11 billion in revenue last year and treated 6.2 million patients.

These institutions, as well as Catholic universities – not seminaries, but colleges and universities whose doors are open to all – are full participants in the public square, receiving a steady stream of federal dollars. They assert – indeed, have earned – the right to the same benefits that flow to their secular peers. What they now claim is a right to special treatment: to conscience that trumps law.

But in fact, that is not a principle that our legal system embraces. Just ask Alfred Smith and Galen Black, two members of the Native American Church who were fired from their state jobs in Oregon for using the illegal hallucinogen peyote in a religious ceremony and who were then deemed ineligible for unemployment compensation because they had lost their jobs for “misconduct.” They argued that their First Amendment right to free exercise of religion trumped the state’s unemployment law.

In a 1990 decision, Employment Division v. Smith, the Supreme Court disagreed. Even a sincere religious motivation, in the absence of some special circumstance like proof of government animus, does not merit exemption from a “valid and neutral law of general applicability,” the court held. Justice Antonin Scalia wrote the opinion, which was joined by, among others, the notoriously left wing Chief Justice William H. Rehnquist.

(click here to continue reading Whose Conscience? – NYTimes.com.)

Onion Dome Sitka Alaska
Onion Dome Sitka Alaska

Digby reminds us:

October 1, 2007

The U.S. Supreme Court today turned down a request by Catholic Charities of New York to review a state court decision requiring insurance companies to include contraceptive coverage in drug benefit packages. The Court’s refusal to hear the case leaves in place a law that promotes women’s health and addresses gender discrimination while appropriately protecting religious freedom.

“Religiously affiliated organizations, such as Catholic Charities, that employ and serve people of diverse beliefs should not be able to discriminate against their female employees by refusing to cover basic health services,” said Louise Melling, Director of the American Civil Liberties Union Reproductive Freedom Project. “Religiously affiliated organizations that provide nonreligious services to the public must play by public rules.”

The law at issue, the Women’s Health and Wellness Act, requires insurance companies to cover women’s preventive health care, including mandating that insurance plans that cover prescription drugs do not exclude contraceptives from that coverage. The law exempts religious employers such as churches, mosques, and temples, whose main purpose is to promote a particular religious faith and who primarily employ and serve people who share their religious beliefs.

“This law ended the practice of treating birth control, which only women use, differently than other commonly used prescription drugs — a practice that contributed to disproportionately high health costs for women,” said Galen Sherwin, Director of the New York Civil Liberties Union Reproductive Rights Project. “The Supreme Court’s decision not to review the case ensures that the state of New York can continue to protect women from this form of discrimination.”

(click here to continue reading Hullabaloo – Borgia Catholics.)

and also this:

Among other things, I am morally opposed to money being spent on wars and capital punishment. And yet I am inexplicably forced to pay for these things through my taxes. And when I hire someone to work for me, I must pay a share of taxes for these things on their behalf as well. I demand that I be allowed a “conscience” exemption.

It truly does pain me to participate in these activities. I’m not kidding. But for some reason I’m forced to pay for many things the government does that appall me. But my conscience isn’t given any special dispensation. And the funny thing is that Catholics who believe as I do — and there are many — aren’t given any dispensation for those beliefs either. The only area where religion trumps citizenship is when it comes to private sexual behavior. Isn’t that odd?

(click here to continue reading Hullabaloo- ICYMI.)

Jesus Hoards
Jesus Hoards

and finally, Paul Waldman

Let’s stipulate at the outset that almost everyone on the right you hear talking about the issue of contraception coverage is cynically adopting this position for no other reason than they believe it to be a handy cudgel to bash the Obama administration. (One notable exception is Rick Santorum, who genuinely believes that contraception is wrong, since it unleashes our dirty, dirty thoughts and allows people to have sex without being punished for it. But Santorum is also pro-Crusades, so make of that what you will.) They may be right or wrong about the political wisdom of taking up this fight—a lot depends on whether the administration stands firm and makes sure everyone remembers that what we’re talking about is birth control, for goodness’ sake, something that outside the ranks of the celibate old men who run the Catholic Church is accepted by just about everyone, Catholics included. But we should keep in mind the principle for which conservatives are now arguing.

Their argument is that a large institution like a hospital or university, if it has a religious affiliation, should be able to pick and choose the laws it follows. In this case, remember, they aren’t being asked to use birth control or dispense birth control; all that’s required is that the insurance coverage they provide their employees include birth control (free of charge). That’s the law, as it was passed in the Affordable Care Act. But the Catholic bishops don’t like the law, so they don’t want to follow it. According to this principle, religiously affiliated hospitals or universities would be able to ignore any other law as well. Let’s say they decided that they didn’t like minimum wage laws. They could say that their “conscience” forbids them from paying the janitors and cafeteria workers they employ more than $2 an hour, and it’s their prerogative to ignore the minimum wage if they like. After the hospital paints its exterior, it could dump the leftover paint in a nearby river in violation of environmental laws—hey, our scriptures say God gave us dominion over the earth, so too bad.

(click here to continue reading What the Anti-Contraception Conservatives Really Want.)

 

Written by Seth Anderson

February 9th, 2012 at 1:26 pm