Home
/
RELIGION & LIBERTY ONLINE
/
Is Religious Freedom a Slippery Slope?
Is Religious Freedom a Slippery Slope?
May 15, 2026 7:18 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
Millennials should read Solzhenitsyn
“The appeal of Bernie Sanders’ socialism is a puzzle to many, but it shouldn’t be, not if we understand how most people think about economics,” says Rev. Johannes Jacobse in this week’s Acton Commentary. Economics rightly understood then touches on deeper, transcendental truths. And, as the great Russian writer Alexander Solzhenitsyn taught, any discussion about materialism and transcendence must answer the fundamental question about whether the final touchstone of truth lies inside or outside the human person. The answer determines...
The Burkean tradition in Britain and America
Writing two decades ago, Gertrude Himmelfarb observed: In Britain, as in America, more and more conservatives are returning to an older Burkean tradition, which appreciates the material advantages of a free-market economy (Edmund Burke himself was a disciple of Adam Smith), but also recognizes that such an economy does not automatically produce the moral social goods that they value—that it may even subvert those goods. –Gertrude Himmelfarb, The De-Moralization of Society: From Victorian Virtues to Modern Values (New York: Alfred...
State Department releases 2015 report on international religious freedom
The State Department recently released its International Religious Freedom Report for 2015. A wide range of U.S. government agencies and offices use the reports for such efforts as shaping policy and conducting diplomacy. The Secretary of State also uses the reports to help determine which countries have engaged in or tolerated “particularly severe violations” of religious freedom in order to designate “countries of particular concern.” A major concern addressed in this year’s report is the threat to religious freedom posed...
The danger of looking past economics and raising the minimum wage
This past week, one of the rising political figures in the Democratic Party, Mayor Peter Buttigieg of South Bend, Indiana penned an op-ed for the South Bend Tribune arguing that raising the minimum wage is “the right thing to do.” Mayor Buttigieg, cites three reasons why he believes raising the minimum-wage is the right thing to do: It’s good for business, good for the economy, and good for family. All these “goods” assume that raising the minimum-wage does not reduce...
5 Facts about women’s suffrage and the 19th Amendment
Today, we celebrate the 96th anniversary of the 19th Amendment to the U.S. Constitution (ratified on August 18, 1920). Here are five facts you should know about women’s suffrage and the 19th Amendment: 1. The 19th Amendment doesn’t directly mention women. The text states: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article...
The mayor who found a simple way to help the homeless: give them jobs
The scene can be found in almost every major U.S. city: a panhandler stands on a street corner holding a sign saying, “Need a job.” But one U.S. mayor decided to try something different — by taking them up on the offer and give the person a job One year ago Berry started a campaign to curb panhandling, called There’s a Better Way. The goal of the campaign is to give panhandlers a chance at a change in life and...
Grace renews nature (even in politics)
“We see immediately that grace is inseparably connected with nature, that grace and nature belong together.” –Abraham Kuyper In their new book, One Nation Under God: A Christian Hope for American Politics, Bruce Ashford and Chris Pappalardo offer a robustvision ofChristian political engagement, one that neither retreats from the world nor modates to its ideological whims. While many have sought to construct such a vision by trying toalign “Christian values” with particular political programs, Ashford and Pappalardo begin by focusing...
The true face of ‘capitalism’
Frank Borman, then-chairman of the Eastern Airlines, said that “capitalism without bankruptcy is like Christianity without Hell.” That’s one way to take Peter Heslam’s reflection on the closing of BHS in the UK, “Business with a Human Face.” I would add that the purportedly impersonal nature of market exchange is also what attracts many of its supporters. Drones and automated checkout lines are increasingly allowing us not to see any faces at all. And as Martin Luther would surely have...
Study: Americans care more about test score gaps based on wealth than on race or ethnicity
For decades, researchers have documented large differences in average test scores between minority and white students and between poor and wealthy students. But a new study finds that Americans are more concerned about—and more supportive of proposals to close—wealth-based achievement gaps than Black-White or Hispanic-White gaps. “The achievement gap’s ubiquity in policy discourse and implications for American society make it important to understand the public’s beliefs about it,” say the study’s authors, Jon Valant and Daniel A. Newark. “Many proposals...
How and why the economy works — in 3 minutes
How did the economy begin? ErikaGrace Davies and Antony Davies posit one theory, “At some point in our distant past, a human who had food met another who had a spear. The two exchanged, and departed better off than when they met.” I prefer a different version of this story — one that starts with Genesis 4:2b — but the e is the same: the economy started when mankind discovered specialization and trade. ...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved