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 26, 2026 9:16 PM

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
Orthodox Bishops Kidnapped By Terrorists
Two Syrian Orthodox bishops have been abducted by terrorists in a suburb of Aleppo in Syria as they were returning from Antioch (Antakya, Turkey). While both clergymen are believed to be alive, their driver was killed during the attack: Syriac Orthodox bishop Yohanna Ibrahim and Greek Orthodox Archbishops of Aleppo Paul, who also happens to be the brother of Patriarch John of Antioch and All The East were abducted en route to Aleppo from a town on the Turkish border...
Christian Scholarship and the Crisis of the University
This past weekend, I had the privilege to attend and present a paper at the 2013 Kuyper Center for Public Theology conference at Princeton Seminary. The conference was on the subject of “Church and Academy” and focused not only on the relationship between the institutions of the Church and the university, but also on questions such as whether theology still has a place in the academy and what place that might be. The discussion raised a number of important questions...
Sec. Kerry Urges Turkey to Re-Open Orthodox Seminary
The Halki seminary near Istanbul was the main school of theology of the Eastern Orthodox Church’s Ecumenical Patriarchate of Constantinople from 1884 until the Turkish parliament enacted a law banning private higher education institutions in 1971. For more than 40 years, the law has kept Orthodox clergy schools closed. But in an encouraging development for religious liberties, Secretary of State John Kerry is urging the Turkish government to reopen the seminaries: “It is our hope that the Halki seminary will...
ICCR Shareholders vs. World Hunger
Finding solutions for feeding the world’s poorest is about as non-controversial a mission as you could imagine for someone pursuing a religious vocation. Yet, the investors belonging to the Interfaith Center for Corporate Responsibility put politicized science ahead of that mission in their opposition to genetically modified organisms (GMOs). The ICCR’s approach to GMOs leans more toward anti-business political activism than any concern for producing plentiful crops that are resilient against pests, diseases and extreme weather events such as drought...
Fighting Poverty with Toy Blocks and Economic Growth
AEI’s Values and Capitalism just released a new book titled, Economic Growth: Unleashing the Potential for Human Flourishing. In support of the book, they’ve produced a video highlighting the great work of Tegu Toys, a wooden block manufacturer based in Honduras. In a country where 64% of people live below the poverty line, Tegu is creating economic growth and, in the process, is seeing the lives of its employees transformed. Chris Haughey, Tegu co-founder, started pany in Honduras with a...
Will New Internet Sales Tax Laws Create Market Fairness?
It’s called the “Marketplace Fairness Act,” but how fair is it and who does it really benefit? The legislation, which is expected to pass the Senate, is heralded by supporters as instituting market equity to the brick and mortar retailers. Supporters also proclaim it will help to alleviate state budget shortfalls. The Marketplace Fairness Act gives new authority to states to directly collect sales taxes from online retailers. Jia Lynn Lang at The Washington Post explains: Since before the dawn...
The Most Important Economic Chart in Western Civilization
James Pethokoukis of AEI says that this is the most important economic chart in Western civilization. pletely agree. The concept is so important that no student should receive a passing grade in any economics class—whether in high school or college—unless they can explain why economic growth matters (ideally, every educated Christian would be able to do so too since it has theological implications). Yet, sadly, few Americans recognize its importance despite the fact, as Pethokoukis notes, that in real terms,...
Neither Worshipping Nor Demonizing Capitalism
Questions about poverty and social teaching are on the forefront of Pope Francis’ mind, as he’s made convincingly clear in his young papacy. This calls for cogent thinking on the topic, according to Fr. John Flynn, LC in “Francis and Catholic Social Teaching: Debates About Economy, Equality and Poverty Sure to Continue.” Flynn cites Jerry Z. Muller, professor of History at the Catholic University of America, who gives credit to the astonishing “leap in human progress” that capitalism has brought...
Obamacare and the Hubris of the Technocrats
Sen. Max Baucus (D-Mont.) was one of the key architects of Obamacare and one of the legislation’s greatest champions. But now he fears a “train wreck” as the Obama administration implements its signature healthcare law. In a recent hearing he asked Human Services Secretary Kathleen Sebelius for details about how the Health Department will explain the law and raise awareness of its provisions, which are supposed to take effect in just a matter of months: “I’m very concerned that not...
Where Opportunity and Obligation Meet
Over at Fare Forward, Cole Carnesecca provides some great insights into how we should think about calling, offering some similar sentiments to those expressed in my recent post on family and vocation. “Whatever else you may think you are called to,” Carnesecca writes, “if you have a spouse and children, you are called to your family.” Focusing on the troubled marriages of Methodism founder John Wesley and Chinese evangelist John Sung, Carnesecca explains how a misaligned and over-spiritualized concept of...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved