Home
/
RELIGION & LIBERTY ONLINE
/
Obama Administration to Federal Judge: We Can Force Your Wife to Violate Her Religion
Obama Administration to Federal Judge: We Can Force Your Wife to Violate Her Religion
Apr 10, 2026 7:38 AM

Has there ever, in the history of America, been a presidential administrationas dismissive of religious liberties as the Obama Administration?

The Administration seems to truly believe that when religious e into conflict with one of the President’s pet policies—such as employers being forced to pay for contraceptives and abortifacients—that religious liberties must be set aside. A prime example is the Administration’s idea that by forming a business entity intended to limit liability, a person loses their First Amendment right to the free exercise of religion.

As CNSNews reports, during an oral argument in the U.S. District Court for the District of Columbia last fall, a lawyer for the U.S. Justice Department told a federal judge that the Obama administration believed it could force the judge’s own wife—a physician—to act against her religious faith in the conduct of her medical practice.

Here is the exchange, from theofficial court transcript, between this Obama administration lawyer and Judge Walton:

Benjamin Berwick:“Well, your honor, I think, I think there are two distinct ideas here: One is: Is the corporation itself religious such that it can exercise religion? And my, our argument is that it is not. Although again, we admit that it is a closer case than for a lot of panies. And then the second question is, can the owners–is it a substantial burden on the owners when the requirement falls on pany that is a separate legal entity? I think for that question precisely what their beliefs are doesn’t really matter. I mean, they allege that they’re religious beliefs are being violated. We don’t question that. And we don’t question that that is the belief.

Judge Reggie Walton:But considering the closeness of the relationship that the individual owners have to the corporation to require them to fund what they believe amounts to the taking of a life, I don’t know what could be more contrary to one’s religious belief than that.

Berwick:Well, I don’t think the fact this is a closely-held corporation is particularly relevant, your honor. I mean, Mars, for example–

Judge Walton:Well, I mean, my wife has a medical practice. She has a corporation, but she’s the sole owner and sole stock owner. If she had strongly-held religious belief and she made that known that she operated her medical practice from that perspective, could she be required to pay for these types of items if she felt that that was causing her to violate her religious beliefs?

Berwick:Well, Your Honor, I think what es down to is whether there is a legal separation between pany and—

Judge Walton:It’s a legal separation. I mean, she obviously has created the corporation to limit her potential individual liability, but she’s the sole owner and everybody associates that medical practice with her as an individual. And if, you know, she was very active in her church and her church had these same type of strong religious-held beliefs, and members of the church and munity became aware of the fact that she is funding something that is totally contrary to what she professes as her belief, why should she have to do that?

Berwick:Well, your honor, again, I think es down to the fact that the corporation and the owner truly are separate. They are separate legal entities.

Judge Walton:So, she’d have to give up the limitation that conceivably would befall on her regarding liability in order to exercise her religion? So, she’d have to go as an individual proprietor with no corporation protection in order to assert her religious right? Isn’t that as significant burden?

In reference to the judges concerns, the government lawyer says, “Iactually don’t think it is that important.” What he does believe is important is contraceptives, since they are “importantto the health and well-being of women and to advancinggender equality.” Yet even if we concede this point, the Administration has given no rational explanation for why is it necessary for an employer to violatetheir conscience in order to pay for someone else’s contraceptives.

Fortunately, on Nov. 16, Judge Walton granted Tyndalea preliminary injunctionpreventing the Obama administration from forcing the corporation to violate the religious beliefs of its owners. Hopefully, when the issue is taken up by the Supreme Court the judiciary will, once and for all, put an end to President Obama’s trampling of religious 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
Keynes vs. Hayek: Still the Main Event
Via the Volokh Conspiracy: Mario Rizzo and Gerald O’Driscoll point to dueling letters to the editor from 1932 in The London Times by John Maynard Keynes and F. A. Hayek on whether government spending can help cure contemporary economic woes. The letters, unearthed by Richard Ebeling, show that today’s debates over economic policy are, in many respects, a rerun of the debates of the 1930s. Everything old is new again! Related: Fear the Boom and Bust ...
Reflections on Christianity and Economic Research
Judith Dean, currently an international economist at the U.S. International Trade Commission, has a worthwhile exploration of the relationship between Christian faith and economic research (HT). It’s up at the InterVarsity site for the Following Christ conference and is titled, “Being a Good Physician: Reflections on Christianity and Economic Research.” There’s a lot of good, challenging, and insightful stuff here. As always, read it in full. But here’s a bit that’s especially incisive: Especially for those working in government policy...
Money, Deficits, and the Devil: A Cautionary Tale
Acton Research Director Samuel Gregg contributed the article here, one of two mentaries published today. Sign up for the free, weekly email newsletter Acton News & Commentary to receive new essays, book announcements and the latest news about Acton events. +++++++++ Money, Deficits, and the Devil: A Cautionary Tale By Samuel Gregg D.Phil. Sometimes the best economists aren’t economists. One of the most famous plays in Western history was penned by the German writer Johann Wolfgang von Goethe (1749-1832). His...
Intellectuals and Society
Daniel Mahoney, professor of political science at Assumption College and lecturer at this year’s Acton University, (find his lectures here) wrote an excellent review in City Journalof Thomas Sowell’s new book, Intellectuals and Society. Sowell argues against the hyper-rationalist tradition of modern intellectuals whose theories tend to be divorced from reality and hostile to tradition and what Michael Polanyi called “tacit knowledge” of everyday people. As Mahoney notes, this has been a recurring theme of Sowell’s work throughout the years...
Acton Media Alert: Rev. Robert A. Sirico Reports From China
Acton President Rev. Robert A. Sirico took to the airwaves on the Great Voice of the Great Lakes this morning, joining host Frank Beckmann on News/Talk 760 WJR in Detroit to talk about an event he will be speaking at in the Motor City next week, and also shedding some light on the current state of affairs in China, where he is currently traveling; audio of the segment is available via the audio player below. [audio: ...
The Birth of Freedom Comes to PBS for Independence Day
Acton’s The Birth of es to six PBS stations this Independence Day weekend, and AEI’s Enterprise blog has a good post about the Christian foundations of American freedom and The Birth of Freedom: “It’s a good place to start if you’re interested in recalling, learning, or helping others to learn about the deep roots of the freedom we celebrate every Fourth of July. Those roots define, in part, what it means to be an American citizen.” PBS Airings This Weekend...
AU: Rousseau, Love, and Perpetual Adolescents
Since reading Rousseau raises a questions on almost innumerable topics, you can imagine that the Q&A after a lecture I gave on Rousseau was broad and varied. Among other things, love, family, and problems with relationships and maturity within modern liberal culture were a recurring theme. Two pieces that came up in discussion were: 1. Karol Wojtyla’s (John Paul II) Love and Responsibility. This is a beautiful book on human love and an antidote to most of the nonsense that...
America’s Destiny Must Be Freedom
mentary this week is a simple message about the importance of returning to our founding principles and embracing the liberty granted to all of us as Americans. Independence Day should always serve as a significant reminder of the freedom narrative of this country that has provided so many people with opportunities to flourish and live out their dreams: America’s Destiny Must Be Freedom Ralph Waldo Emerson described America as “the land that has never e, but is always in the...
Elena Kagan’s Revealing Commerce Clause Evasion
In this week’s Acton Commentary, Kevin Schmiesing looks at the exchange between Supreme Court nominee Elena Kagan and Sen. Tom Coburn over the interpretation of the Constitution’s Commerce Clause. Elena Kagan’s Revealing Commerce Clause Evasion by Kevin E. Schmiesing Ph.D. Many Americans have a vague sense that the United States has drifted far from its constitutional origins. Every once in a while, something happens that prods us to recognize just how far we’ve gone. Such was the case last week,...
Beyond Petroleum
Some may recall that before BP’s recent disaster (public relations and otherwise), there was a period of rebranding pany from ‘British Petroleum’ to ‘Beyond Petroleum.’ I’ve long argued that the opportunities afforded us by the use of fossil fuels are best spent seeking long-term sustainable and reliable sources of energy. These sources must include, and indeed in the nearer term be largely based upon, nuclear energy. Two recent items underscore this: 1) the question of waste and what to do...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved