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
Feb 28, 2026 4:16 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
Presidential candidate Kamala Harris: We need to ban right-to-work laws
Speaking at a recent a Service Employees International Union (SEIU) event, Democratic presidential candidate Kamala Harris said there there is a need for “banning right-to-work laws.” It’s unclear how Harris plans to do this from the federal level, as Right to Work laws are state laws that guarantee a person cannot pelled to join or pay dues to a labor union as a condition of employment. “Kamala Harris wants to make absolutely sure that we know she’s an authoritarian,” says...
Noodles in Nigeria: When private business breeds economic development
In the West’s various efforts to alleviate global poverty, we continue to see the promotion of top-down solutions at the expense of bottom-up enterprises and institutions. Yet despite the setbacks and slowdowns caused by various governments and foreign aid, the entrepreneurs and workers on the ground aren’t sitting idly by. Across the developing world, people aren’t waiting for policies to change, conditions to improve, handouts to be given, or risks to evaporate. They are actively transforming their environments and creating...
America doesn’t have a radically capitalist economy
Socialism, it seems, is back. But maybe the real question we should be asking is how far the United States has embraced various features of what might be called social democracy over the past 100 years. This is one of the points underscored in a well-written paper by the Heritage Foundation’s David Burton, entitled “Comparing Free Enterprise with Socialism” (April 30, 2019). Among other things, Burton also manages to: • bring clarity to the free markets versus socialism debate by...
The dangers of Catholic anti-liberalism
Korey D. Maas, associate professor of history at Hillsdale College, has written a timely warning to American Catholics at Public Discourse titled, ‘The Coming Anti-Catholicism.’ Maas begins his essay with a recounting of the early history of American anti-Catholicism, its mitigation in the 1960s, and its troubling resurgence in recent years: bined effects of Camelot and the Council were to make political anti-Catholicism gauche almost overnight. Nobody, therefore, is surprised today when conservative Catholics and liberal non-Catholics alike respond to...
Religious toleration in a religious state
The concepts of toleration espoused by theologians in the officially religious states of the sixteenth and seventeenth centuries deserve closer examination. So argue Tobias Dienst and Christoph Strohm in their introduction to Martinus Becanus’s 1607 treatise, On the Duty to Keep Faith with Heretics. Becanus (1563–1624), a Dutch Jesuit theologian who became court confessor to the Holy Roman Emperor, lived in and supported an officially Roman Catholic state, but this did not prevent him from developing a concept of religious...
Rev. Ben Johnson: The socialist bizarro world of David Bentley Hart
When e across a think piece so catastrophically wrong as David Bentley Hart’s April 27 New York Times column, “Can We Please Relax About ‘Socialism’?” you marvel at the effort, intentional or not. Hart, an Eastern Orthodox theologian and, as the Times puts it a “cultural critic,” says he knows that, “in this country we employ terms like ‘socialism’ with wanton indifference to historical details and conceptual distinctions.” He’s right, but not in the way he thinks he’s right. After...
Half of millennials would prefer to live in a socialist or communist country
Yesterday was May Day, a date which some people—mostly socialists munists—consider to be an observance of International Workers’ Day. Others believe instead of celebrating labor the day should be considered an international observance of Victims of Communism Day. Law professor Ilya Somin explains why we should use the day memorate the victims munist totalitarian tyranny: While the influence munist ideology has declined since its mid-twentieth century peak, it is far from dead. Largely munist regimes remain in power in Cuba...
The Federal Reserve as lender of last resort
Note: This is post #121 in a weekly video series on basic economics. If you heard a rumor that your bank was insolvent, asks economist Alex Tabarrok, what would you do? As Tabarrok says, a typical reaction is to panic. And if you can’t get your money out, your next step would likely be to try and get all of your cash in hand. The rumor could even be false, but if enough people responded as if it were true,...
Russia bans fake news: a lesson in unintended consequences
For months, French President Emmanuel Macron has asked European leaders to crack down on fake news. At last, someone has taken his advice. Last month, Vladimir Putin signed a law banning Russian websites from posting “fake news” stories. The government, of course, will be the arbiter of truth and falsehood. Coincidentally, the same day he signed a bill punishing websites that post stories insulting Vladimir Putin. The Moscow Times reported: The legislation will establish punishments for spreading information that “exhibits...
Acton Line podcast: The moral hazard of student debt; Unraveling Islam
On this episode of Acton Line, Caroline Roberts speaks with Andrew Kloster, deputy director of the Center for the Study of the Administrative State at George Mason University, about the student debt crisis. Kloster claims that the student debt crisis is the greatest moral hazard of our Nation and explains how he sees the crisis panning out in the future. On the second segment, Acton’s director of research, Samuel Gregg, sits down with Mustafa Akyol, senior research fellow at the...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved