Home
/
RELIGION & LIBERTY ONLINE
/
Is Religious Freedom a Slippery Slope?
Is Religious Freedom a Slippery Slope?
Sep 5, 2026 10:09 PM

Many pro-life Catholics and evangelicals cheered when the Supreme Court ruled that small business employers don’t have to pay for abortifacients in health insurance plans. But could support for conscience rights lead down a slippery slope? “Some slopes are indeed slippery, and we do well to approach them with caution,” says theologian and philosopher Richard J. Mouw, “Which is why I take it seriously when I find myself challenged by a slippery slope argument about something that I advocate.”

My challenge in this regard has to do with the recent court decisions regarding Hobby Lobby and Wheaton College. In each case employers have resisted health insurance arrangements that violate their sincere opposition to funding abortions. I share their views, and have argued that these sincerely held convictions ought to be granted legal status—which is basically the perspective set forth recently by the majority of Supreme Court justices.

Here, however, is the slippery slope challenge in this context. Suppose pany owned by Jehovah’s Witnesses refused to support a health plan for their employees that permitted blood transfusions? Or what if a Christian Science employer refused to provide any health insurance at all? Surely those are sincerely held convictions that have a right to be considered for protection in providing employ benefits.

The challenge is legitimate. And I don’t have an immediate response that settles the concern in any satisfactory manner. But I do take the challenge seriously. I have to—if I want the defenders of same-sex marriage also to take my challenge to them seriously.

Dr. Mouw raises an important point for consideration. I too take that challenge seriously, but I also think I have a response that can settle the issue in a satisfactory manner. Indeed, I think the worst-case e has likely already been settled.

Slippery slope arguments are often misunderstood and many people think they are always logically fallacious. As a general rule, if someone summarily dismisses a slippery slope claim, they are probably not the type of person who understands how arguments work. A full defense of slippery slopes against supporters of folk fallacies will have to wait for another day. For now, I’ll simply refer to and mend one of the best analyses and explanations of the slippery slope, Eugene Volokh’s 2003 article in the Harvard Law Review, “The Mechanisms of the Slippery Slope.” In his paper Volokh says,

A slippery slope is one that covers all situations where decision A, which you might find appealing, ends up materially increasing the probability that others will bring about decision B, which you oppose.

If you are faced with the pragmatic question “Does it make sense for me to support A, given that it might lead others to support B?,” you should consider all the mechanisms through which A might lead to B, whether they are logical or psychological, judicial or legislative, gradual or sudden.

You should consider these mechanisms whether or not you think that A and B are on a continuum where B is in some sense more of A, a condition that would in any event be hard to define precisely.

In order to take a slippery slope argument seriously, support for position A needs to lead to the realistic possibility that people will support position B. Absurd scenarios can be dismissed if they are truly absurd. For example, if someone claims that if we let religious people opt out of the contraceptive mandate we’ll have new religious groups (e.g., The Church of Anti-Obamacare) springing up in order to get out of paying for healthcare services, they are not making a legitimate slippery slope argument — they’re just spouting rhetorical nonsense.

Mouw, however, presents two scenarios that are both realistic and highly possible.

Let’s concede, for the sake of argument, that if we support position A (conscience rights should preclude employers from having to pay for abortifacients), it will inevitably lead to position B (Jehovah’s Witnesses will refuse to support a health plan for their employees that permitted blood transfusions and Christian Science employers will refuse to provide any health insurance at all). What would be the real-world impact if that were to occur?

Let’s start with the easiest scenario. Should we avoid supporting position A since it could justify a Christian Science employer refusing to provide any health insurance at all? No.

Small business owners are not required to provide health insurance as part of an pensation. A Christian Science employer could legitimately choose not to provide health insurance for her employees for any number of reasons. She could choose not to provide health insurance because it violates her religious beliefs or she could not provide health insurance because it cuts into her profits. Her motive for what she offers employees at her business is her business, not ours.

The lack of health care benefits, however, would be of interest to her employees. What should they do in such a scenario? Most likely, they won’t have to do anything since the labor market will already have addressed the problem. After all, employers don’t offer health insurance for free; it’s part of an employee’s pensation.

Imagine you are applying for a job and two different employers offer the following option:

Option A: $20,000 a year in salary with no health insurance benefits

Option B: $15,000 a year in salary with $5,000 a year in health insurance benefits

Which is the better option? From an economic standpoint, the pensation is the same: $20,000 year. What most people don’t realize, though, is that when they are hired they are usually only given option B. They are given a lower salary because the employer has mandatory benefits (which may benefit the employer more than pensation in cash). Yet most people assume (wrongly) that if they are earning $20,000 a year salary without benefits, their employer could and should provide them “free” health insurance. But it doesn’t work that way — not for the employees or for the employers. Competition for employees in the labor market determines the total level pensation offered.

If most people who work in Occupation X get health insurance as part of pensation, then the Christian Science employer that doesn’t offer health insurance will have to offer a higher salary in order to attract employees. For some employees (including other Christian Scientists), this would be preferable to getting “paid” in health insurance that they won’t need or use.

The second scenario is very similar. The problem appears to be that the Jehovah’s Witness employer refuses to support a health plan for their employees that permitted blood transfusions. But that’s not the real problem. The problem is a matter of information pensation.

The Jehovah’s Witness employer should inform their prospective employees that their health plan doesn’t cover transfusions. Based on that information, the employees should then demand that they receive additional pay pensate for the lack of transfusion coverage.

Let’s say that that the typical insurance plan covers 80 percent of all health care costs and you’re the type of employee that needs a transfusion about once every 10 years. The average blood transfusion costs $1,100. Once we do the math ($1,100 divided by 10 years times 80 percent) we find that your employer needs to pay you an additional $88 a year pensation. That is all that is required to allow you to get the benefit and for the Jehovah’s Witness employer to keep from violating their conscience.

(The main objection to this solution is that it adds an extra layer plication to the hiring process. But that seems like a small price to pay to protect the sacred right of conscience.)

Realistically, the number of people who these situations would apply is miniscule. There are only about 20,000 Christian Scientists in the U.S. and most of them are not small-business owners. Similarly, Jehovah’s Witness only account for .7 percent of the American population, so the likelihood that a worker will be affected by their religious objections to transfusions is vanishingly small.

Even if supporting conscience rights puts us on the slipperiest of slopes, the unintended es are not sufficiently nefarious and the real-world impact would be trivial. As with the contraceptive mandate, the workaround solutions are relatively easy to implement and thus do not justify violating an employer’s rights of conscience.

This may indeed be a slippery slope. But if so, it is one we should willing slide down in order to protect our first freedom.

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
Metropolitan Tarasios on the Orthodox Council in Crete and Catholic-Orthodox relations
On June 16, His Eminence Metropolitan Tarasios of Buenos Aires spoke at Acton University at DeVos Place in Grand Rapids, Michigan. His remarks touched on a wide range of subjects including the ing Orthodox Christian council in Crete, which begins on June 19, Catholic-Orthodox relations, and other topics. The American-born bishop serves in the Ecumenical Patriarchate of Constantinople. According to his official biography, Met. Tarasios was born Peter (Panayiotis) C. Anton in Gary, Indiana, in 1956 to Peter and Angela...
Why Christians Should Support Religious Liberty for Muslims (and Everyone Else)
The fight for religious liberty is only beginning to intensify in America, whether for retail giants, restaurant chains, bakers and florists, sacrificial nuns, or the imminent obstructionson the path paved byObergefell vs. Hodges. Yet even when facing these pressures for themselves, many American Christians still seek to withhold such freedoms from those of differing religiousbeliefs. Forgettingour position of exile,such a stancetrades the first of our God-given freedomsfor narrow self-interest and self-preservation. Suchprofound disconnect was recently on vivid display at the...
Poverty, Inc. Now Streaming on Netflix
Poverty Inc.,an award-winningdocumentary thatgrewout of the Acton Institute’s PovertyCureinitiative,is now available on Netflix. Duringthe past yearthe film has been in over300 screenings around the world attended by more than 21,000 people. But now we have an opportunity to spread the key message of the film to a larger audience: the most effective solutions to poverty lie in unleashing entrepreneurs to find new, innovative, and efficient ways to meet people’s needs. Please help us spread the word bytelling your friends, co-workers,...
Explainer: What You Should Know About the Net Neutrality Ruling
What just happened? On MondaytheD.C. Circuit Court of Appeals ruled in favor of the Federal Communications Commission (FCC), sayingthe agency had the legal authority to enact their Open Internet Order (i.e.,net neutrality rules.) What was this case about? Last Spring theCTIA, the trade group that represents the munication sectors, filed a lawsuit with the D.C. Circuit Court of Appeals challenging the FCC’s decision to “impose sweeping new net neutrality rules and reclassifying mobile broadband as mon carrier utility.” The CTIA...
A Russian Businessman Discovers the Law of Love
“When I first read the description of Fr. Alexander Torik’s novel Flavian, I was skeptical,” says Rev. Gregory Jensen in this week’s Acton Commentary. “Recently translated from Russian, it is the story of “an unexpected turning point in the life of Aleksei, a quite ordinary city dweller.” A chance meeting with a former classmate turned much in the life of this physics-major-turned-successful-manager upside down, setting Aleksei on a new path with many amazing discoveries along the way.” I couldn’t help...
Before you vote, think like a libertarian
You don’t necessarily have to be a member of the Libertarian Party to appreciate it. In a new piece for the Federalist, Acton’s director of programs, Paul Bonicelli suggests that there are libertarian questions that voters of all parties should be asking. Libertarians, with a focus on limiting federal power, question the size and scope of the state and its bureaucrats, as anyone supporting individual freedom should. Some of the questions Bonicelli offers are: Does the U.S. Constitution permit the...
5 facts about fathers and Father’s Day
This Sunday is the day Americans set aside to honor their fathers. Here are 5 facts you should know about dads and Father’s Day. 1. After listening to a Mother’s Day sermon in 1909, Sonora Dodd of Spokane, Wash. wanted a special day to honer her father, a widowed Civil War veteran who was left to raise his six children on a farm. The first Father’s Day celebration, June 17, 1910, was proclaimed by Spokane’s mayor because it was the...
A Crash Course in Capitalism and Socialism
Unclear on how capitalism and/or socialism got started? John Green provides a 12-minute crash course that answers how we got from the British East India Company to iPhones and from Karl Marx to Swedish-style socialism. Warning: Green’s style and digressions can be a bit grating, but overall the material is worth watching. (I’d also mend increasing YouTube’s speed setting to 1.5 or 2 for faster viewing.) ...
Radio Free Acton: Todd Huizinga Previews Brexit
On this edition of Radio Free Acton, we take a look at the ing referendum in Great Britain which will decide the fate of the UK’s membership in the European Union. Todd Huizinga, Acton’s Director of International Relations and author ofThe New Totalitarian Temptation: Global Governance and the Crisis of Democracy in Europe, joins the podcast fresh from his latest European trip and shares his analysis of the pros and cons for Britain, as well as the reaction in Brussels...
Flag Day in the Era of Post-Authentic Patriotism
Today is Flag Day. You probably didn’t know. You probably didn’t care. Unless you’re Boy Scout or a member of the VFW, you probably don’t give the American flag much thought. And you likely don’t have any flags in your home. I don’t either. Not really. What I do have hanging on the walls of my home office are several variations of Jasper Johns’s paintings of the American flag. I have no idea what Johns thought about the works or...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved