Home
/
RELIGION & LIBERTY ONLINE
/
Federal Court Says Obamacare Mandate ‘Trammels’ Religious Freedom
Federal Court Says Obamacare Mandate ‘Trammels’ Religious Freedom
Sep 29, 2024 2:18 PM

The delivery trucks of Ohio-based Freshway Foods bear signs stating, “It’s not a choice, it’s a child,” as a way to publicly promote the owners’ pro-life views to the public. It wasn’t too surprising, then, that pany and it’s owners, Francis and Philip Gilardi, would be opposed to the Obamacare’s requirement that the health coverage for their nearly 400 full-time workers include abortifacients.

The American Center for Law and Justice helped the Gilardi’s challenge the mandate, arguing that the mandate violated their religious liberties. Today, the D.C. Circuit Court agreed and handed down a ruling that the requirement “trammels” the expression of religious freedom. In the majority opinion the judges ask, “What exactly is the government trying to ameliorate?”

The contraceptive mandate demands that owners like the Gilardis meaningfully approve and endorse the inclusion of contraceptive coverage in panies’ employer- provided plans, over whatever objections they may have. Such an endorsement—procured exclusively by regulatory ukase—is a pel[led] affirmation of a repugnant belief.” See id. That, standing alone, is a cognizable burden on free exercise. And the burden es substantial because the pliance by giving the Gilardis a Hobson’s choice. They can either abide by the sacred tenets of their faith, pay a penalty of over $14 million, and cripple panies they have spent a lifetime building, or they plicit in a grave moral wrong. If that is not “substantial pressure on an adherent to modify his behavior and to violate his beliefs,” we fail to see how the standard could be met.

The Obama administration will likely appeal the decision. But for now this is a substantial win for fans of both religious liberty and prudent legal reasoning.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
The New Martyrs
People light candles below a wooden cross at a site south of Moscow where at the height of Josef Stalin’s political purges 70 years ago firing squads executed thousands of people perceived as enemies munism. (AP) “Martyrdom means a great deal to Orthodox people,” writes historian James Billington in “The Orthodox Frontier of Faith,” an essay collected in “Orthodoxy and Western Culture,” a volume of essays published in honor of Jaroslav Pelikan (St. Vladimir’s Seminary Press, 2005). The 20th Century’s...
Marketing is the New Finance
No doubt feeding the fears of those who believe that global corporations pose the greatest threat to the future flourishing of humanity, such multi-nationals are beginning to hire their own economists, much like governments have their own financial and economic experts. See, for instance, this interview on the WSJ Economics Blog with UC-Berkeley economist Hal Varian, who has taken a position as chief economist with Google, Inc. Where will Varian be focusing his attention? In his words, “I think marketing...
Baxter, How to Do Good to Many, Part 2
Readings in Social Ethics: Richard Baxter, How to Do Good to Many (London, 1682; repr. 1830), part 2 of 3. References below are to page numbers. On Motives: Human works are God’s appointed means of grace: “It is God’s great mercy to mankind, that he will use us all in doing good to one another; and it is a great part of his wise government of the world, that in societies men should be tied to it by the sense...
Baxter, How to Do Good to Many, Part 3
Readings in Social Ethics: Richard Baxter, How to Do Good to Many (London, 1682; repr. 1830), part 3 of 3. References below are to page numbers. Concluding Consectaries: These consectaries are aimed at Baxter’s audience, wealthy Christian merchants. Baxter examines in some particular detail suggestions for the right use of their charitable funds and efforts: “Might not somewhat more be done than yet is, to further the gospel in your factories, and in our plantations?” (329)Concerning Christians abroad who are...
Book Review Roundup
Here are some book reviews of note from recent weeks that you may find to be of interest: Charles H. Parker. The Reformation of Community: Social Welfare and Calvinist Charity in Holland, 1572-1620. Cambridge Studies in Early Modern History. Cambridge: Cambridge University Press, 2006. xv + 221 pp. Illustrations, map, tables, notes, sources cited, index. $37.99 (paper), ISBN 0-521-02540-0. Reviewed by Victoria Christman, Department of History, Luther College.Gertrude Himmelfarb. The Moral Imagination: From Edmund Burke to Lionel Trilling. Chicago: Ivan...
In Service with and for Others
While I was in seminary in Kentucky, students were required plete a relatively extensive service project that assisted and helped the poor and marginalized in munity. My group volunteered at a teen pregnancy center, others at nursing homes, or with organizations like Habitat for Humanity. At the pregnancy center we led job training, financial classes, and other practical skills for work and the home. A different group went another direction, they passed out petitions that called upon the federal government...
T.S. Eliot & Ritualistic Nihilism
Lately, I’ve heard one too many emo kids misread T.S. Eliot as being one of their own. In Russell Kirk’s words, it is easy for the “rootless and aimless” of the new generation to over-identify with Eliot, seeing him as a spokesman “for the futility and fatuity of the modern era, all whimper and no bang — a kind of Anglo-American ritualistic nihilism.” And whining, pining, Anglo-American ritualistic nihilism is the cultural trend of the day, whether you look at...
Global Warming Consensus Alert: The Science is Settled!
Remember – there’s really no dispute over the evidence that catastrophic anthropogenic climate change is underway. All the models predict it; the science is solid; the consensus is broad and unshakable. Oh, and pay no attention that significant downward revisions have had to be made in recent US temperature data: Climate scientist Michael Mann (famous for the hockey stick chart) once made the statement that the 1990’s were the warmest decade in a millennia and that “there is a 95...
Global Warming Consensus Alert: Flaming, Earth-Crushing Death!
Remember the 2004 tsunami in Indonesia and Sri Lanka? I distinctly remember people making jokes about how they’d find a way to blame the whole catastrophe on global warming. Note to self: climate change hype is beyond parody: Unlike most apparently intractable problems, which have a tendency to go away when examined closely and analytically, the climate change predicament just seems to get bigger and scarier the more we learn about it. Now we discover that not only are the...
Sicko and the Sick Man of the Great White North
Time sure does fly. It’s been almost two years since I called Canada’s government-run health care system “The Sick Man of the Great White North” and wrote: Canada’s system may be the gold standard for government-run health care, but only if you’re looking for a system that can’t provide essential medical services in a timely manner. Sadly, nothing much has changed in the interceding time between that post and now. In fact, things are very much the same: Canadians still...
Related Classification
Copyright 2023-2024 - www.mreligion.com All Rights Reserved