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
Jan 19, 2026 3:16 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
The Denver City Council’s Despicable Disregard for the First Amendment
If you want to sell chicken sandwiches as the Denver Airport you need to check your First Amendment rights at the gate. That seems to be the message sent by the Denver City Council to Chick-fil-A, a fast-food chain that is seeking to open a store at the Denver International Airport. The Council is considering turning away the popular franchisebecause pany promotes a Christian ethic in their business dealings. This offends the Council who is worried about how it will...
Children Press-Ganged into EcoService
Whether they’re old enough to believe in the EcoGospel, or Gaia, or man-made climate change or not, children are the latest weapon pressed into service by the eco-warriors. First, it was co-opting Pope Francis and Laudato Si, and now it’s kids. Will they stop at nothing? The Wisconsin Daily Independent reported this past Monday that a group calling itself Citizens Preserving the Penokee Hills Heritage Park is promoting its environmental agenda with a painting of a young Native American girl...
Overcoming ‘Anti-Foreign Bias’ in Trade and Immigration
Many conservatives exhibit a peculiar tendency to be pro-liberty when es to business, trade, and wages, but protectionist when es to the economic effectsof immigration. It’s an odd disconnect, and yet, as we’ve begun to see with figures like Donald Trump and Rick Santorum, one side is bound to eventually give way. They’ll gush aboutthe glories petition, but the second immigration gets brought up, they seem to defer tolabor-union talking points fromages past. When pressed on this in a recent...
Could Wealth Redistribution End Global Poverty?
Americans make up around four percent of the world population and yet they control over 25 percent of the world’s wealth. What if we were to simply redistribute our wealth to the most needy people on the planet—wouldn’t that end global poverty almost overnight? “The answer unfortunately is no,” says philosopher Matt Zwolinski. “Sharing one’s wealth with those who have less is admirable and it often helps to relieve immediate suffering. But just sharing existing wealth we’ll never be enough...
Rev. Robert Sirico Takes On Trump’s Comments On Pope Francis
p Last week, the Washington Postfeatured an interview with Donald Trum, entrepreneur-turned-presidential candidate. Trump is clearly no fan of the ments on capitalism and free markets, and his approach to dealing with the pope on this topic is rather unique: Trump wants to scare Pope Francis. mon for someto criticize Pope Francis’s wariness about capitalism, but Republican presidential candidate Donald Trump just took that to a new level, saying he’d try to “scare” the pope by telling him: “ISIS wants...
How Protestant Missionaries Spread Democracy
Over the past 500 years, some countries have proven to be more receptive to democracy than others. What accounts for the disparity? What causes some countries to be more likely to embrace democratic forms of governance? As empirical evidence shows, one strong predictor is the presence of Protestant missionaries. “Protestant missionaries played an integral role in spreading democracy throughout the world,” says Greg Scandlen. “We could preserve our own if we learn from their ways.” Today we may think of...
Gleaner Tech #4: A “Drinkable Book” That Turns Raw Sewage Into Drinking Water
[Note: See this introduction post for an explanation of gleaner technology.] Lack of clean drinking water is one of the greatest public health problems on the planet. Around the world there are 750 million people—approximately one in nine—who lack access to safe water, and millions will die each year from a water related disease. But a new “drinkable book” may soon provide an inexpensive way for the poor to get potable water. While getting her PhD in chemistry, Theresa Dankovich...
Americans Don’t Know Pope’s Environmental Views (And What That Means For Us)
There has been no document by a world leader that has received more attention this year than Laudato Si. Three months have passed since Pope Francis released his encyclical on the environment, and yet the media coverage and mentary on it has hardly waned. Here on the Acton PowerBlog, Bruce Edward Walker has piling a daily list of links related to news mentary on the encyclical. To date he has 62 posts with hundreds of links. As the Associated Press...
Video: Creation And The Heart Of Man
Pope Francis has started an important global discussion on the environment with the release of his encyclicalLaudeto Si’, which the Acton Institute has been engaging in with vigor since it’s release, and has been ably covered as well here on the PowerBlog by the likes of Bruce Edward Walker and Joe Carter. But this isn’t the first time that Acton has waded into the debate over protecting the environment; Acton Founder Rev. Robert A. Sirico was debating Matthew Fox, proponent...
How Amazon is Like a Sweatshop (And What That Reveals About Flourishing and Justice)
Liberal and conservative, right and left, red state and blue state—there are dozens, if not hundreds of ways to divide political and economic lines. But one of the most helpful ways of understanding such differences is recognizing the divide between advocates of proximate justice and absolute justice. Several years ago Steven Garber wrote an essay in which he explained the concept of “proximate justice”: Proximate justice realizes that something is better than nothing. It allows us to make peace withsomejustice,somemercy,...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved