The first right stated in the First Amendment reads, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
By Howard Sierer
It takes a lot of chutzpah to drag an organization with a name like Little Sisters of the Poor into court. The Little Sisters have served the elderly poor worldwide without regard to race or religion since 1839.
Mounting yet another attack on religious freedom, the Democratic governors of Pennsylvania and New Jersey insisted that the Little Sisters provide birth control to their employees, prohibited by their Catholic faith. The Supreme Court said no in 2016 but the governors are like puppies that refuse to let go of a sock.
They argue that its the principle of the thing. The Little Sisters would agree.
You may be surprised to learn that Obamacare legislation does not require employers to provide birth control. Instead, it only requires insurance plans to include cost-free access to preventative care of all kinds as provided for in subsequent regulations.
Unsurprisingly, the Obama administration included the birth control mandate in its regulations. The Little Sisters took their case all the way to the Supreme Court in 2016.
They pointed out that the Obama administration had grandfathered health plans that dont include birth control offered by ExxonMobil, Chevron, Visa, and PepsiCo among others along with a plan offered to the countrys military. In total, one-third of Americans had plans that did not offer contraception.
In its 2016 ruling for the Little Sisters, the court voided fines that had been levied and ordered the administration to find a compromise that respected sincere religious beliefs. The Trump administration complied, issuing a new regulation exempting employers with religious objections to contraceptives.
Claiming that the new regulation is too broad, Pennsylvania and New Jersey anti-religious zealots trotted out their previous argument that the regulation would prevent women from receiving an essential service.
That argument failed four years ago and failed again this last summer: birth control contraceptive pills, abortifacients, et al are already available to all women in any economic circumstance from a variety of sources. The federal Title X Family Planning Program is available to low-income families and all Obamacare plans include contraceptives. Nurx and Planned Parenthood will deliver them to your door.
In finding for the Little Sisters a second time, the Supreme Court stated that the administrations exemptions were issued with the proper statutory authority and that their implementation was free from procedural defects.
The Courts ruling was split 7-2 with diehard liberals Ruth Bader Ginsburg and Sonia Sotomayor dissenting, once again ignoring the law and instead voting their personal preferences. Liberal justices Elena Kagan and Stephen Breyer supported the majority decision but made it clear that a future administration could reverse the regulation, inevitably sending the Little Sisters back to court a third time.
And thats exactly what Joe Biden has promised to do. I will restore the Obama-Biden policy that existed before the ruling, Biden said. This promise or threat is one of a number of clear-cut choices facing voters in November.
Ive championed religious freedom in a number of previous columns. In doing so, I reminded readers that the first right stated in the First Amendment reads, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
Likewise, the federal executive branch cant promulgate regulations prohibiting the free exercise of religion as the Obama administration was reminded by the courts on a number of occasions. Joe Bidens promise threatens to reignite the long-standing battle between liberals and the Constitution.
The left claims to champion diversity. Im still waiting for an explanation as to why that diversity doesnt include people of faith.
Its well past time to let the Little Sisters return to their charitable work for the poor.
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