Home
/
RELIGION & LIBERTY ONLINE
/
Is Religious Freedom a Slippery Slope?
Is Religious Freedom a Slippery Slope?
Sep 15, 2026 11:27 AM

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
The fight over charitable choice
Howard Friedman, at his ever-noteworthy Religion Clause blog, reports on the brewing battle over charitable choice language in the US Senate. The Coalition Against Religious Discrimination (CARD), which includes Americans United for Separation of Church and State, is pushing for language in the Substance Abuse and Mental Health Services Administration Act of 2000 to be removed that allows for faith-based charities receiving government funds to limit their hiring practices along confessional/denominational borders. This is just the latest in the long...
Solid economics at L’Osservatore Romano
Good news is not always so hard to find. Case in point: Free-market economics is making eback at the Vatican’s daily newspaper L’Osservatore Romano. Previously known as a dry read, L’Osservatore Romano (which means The Roman Observer in English) now contains provocative interviews and real news stories from around the world. This is attributable to the paper’s new editor, Giovanni Maria Vian, who was appointed to the post by Pope Benedict last October (see here for the interesting background on...
Business fighting poverty
Peter Heslam, a friend of the Acton Institute and sometime contributor to our journal, is the founder of a promising initiative at Cambridge University. Begun a couple years ago, the “Transforming Business” program has recently been revamped, with a new and improved website, including a blog. The program’s goal, as I understand it, is to bring together academics and businesspeople in an effort to understand and articulate how business can play a fundamental role in distributing prosperity more widely. Acton...
Coal-powered hybrids
As I said in 2006: Without too much exaggeration, you could say that today’s electric cars are really coal-powered. If you look at the sources of electricity in the US, “coal provides over half of the electricity flowing into American homes.” That means that in one ideal world of the alternative fuel crowd, when you plug your car in, you’re plugging it in to a coal plant (this is also why the idea of consumer carbon credits is catching on)....
William F. Buckley – 1925-2008
Buckley & Sirico – Acton’s 2nd Annual Dinner – May 12, 1992 One of many remembrances at National Review Online: Bill died doing what he loved doing — he never left this movement he built, never left NR, he never stopped writing, never left home, never left thinking. And he’s as much a part of us today and forever as he was all these years. He’s left a remarkable legacy. ...
Radio Free Acton – Remembering Buckley and contemplating religious consumerism
On this week’s edition of Radio Free Acton, Rev. Robert A. Sirico pays tribute to the late William F. Buckley, the RFA regulars are joined by Professor Joseph Knippenberg from Oglethorp University in Atlanta, Georgia to discuss the Pew Forum’s newly released research on the American religious landscape, and we listen in to some bonus audio from Dr. Glenn Sunshine’s Acton Lecture Series address, Wealth, Work and the Church. You can listen at this link. With regard to the discussion...
Conference for clergywomen in Wesleyan tradition
UMAction, the Methodist wing of IRD that supports traditional and historic Methodism is encouraging women in the United Methodist and Wesleyan tradition in ministry to consider attending the “Come to the Water” conference in Nashville from April 10-13. John Lomperis of IRD appropriately notes, “Many evangelical clergywomen in the United Methodist Church feel sidelined or excluded in some of the denomination’s official clergy women’s networks because of a dominance of intolerant theological liberalism.” Just last night I was talking to...
WFB: In Memoriam
Buckley & Sirico – Acton’s 2nd Annual Dinner – May 12, 1992 Rev. Robert Sirico reflects on the life of William F. Buckley, Jr., who died in his study on Wednesday, praising him as a friend, a literary genius, and a supporter of the Acton Institute. Sirico writes, “He will be lauded by numerous pendants and scribes for the incredible number of his plishments, preeminent of which is his historic role as godfather of the modern conservative/libertarian movement in the...
The NFL on PCA (or ELCA, or CRC…)
Among the critical issues at the confluence of religion, culture, and economics is the question of TV screen size. In a move hailed by gospel-focused churches everywhere, the NFL has modified its rules, which had previously prohibited churches from sponsoring showings of the Super Bowl on screens larger than 55 inches. Church interests had argued that there was no such restriction on, for example, sports bars. One is tempted to conclude that there will no longer be any noticeable difference...
Free Cubans by dropping trade restrictions
In today’s Detroit News, Rev. Robert Sirico, president of the Acton Institute, argues for the end of the trade restrictions against Cuba. Fidel Castro, recently retired from the position of el lider maximo, held the small island nation in the tight grip of his totalitarian regime, effectively stagnating all economic development for the past 50 years. The United States embargo against Cuba gave Castro a scapegoat to blame for the economic woes that oppressed the Cuban population and helped him...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved