Home
/
RELIGION & LIBERTY ONLINE
/
The New York Times Doesn’t Understand Freedom of Religion
The New York Times Doesn’t Understand Freedom of Religion
Jan 18, 2026 12:46 PM

In a model of Orwellian doublespeak, the New York Times published an editorial yesterday defending the ridiculous decision by U.S. District Judge Carol E. Jackson to dismiss the lawsuit filed earlier this year by Frank O’Brien and his O’Brien Industrial Holdings LLC. O’Brien had challenged the requirement that businesses offer employees contraception coverage through health care insurance, claiming it unconstitutionally violated his religious beliefs and the Catholic philosophy he applied in running his business.

Not so, say the NYT editors, who nod in approval at Judge Jackson assertion that the mandate does not rise to the level of a “substantial” burden because the “imposition on religion is trivial and remote.” What the NYTfails to mention is Jackson’s reasoning:

Frank O’Brien is not prevented from keeping the Sabbath, from providing a religious upbringing for his children, or from participating in a religious ritual such munion. Instead, plaintiffs remain free to exercise their religion, by not using contraceptives and by discouraging employees from using contraceptives.

In other words, O’Brien is free to worship and practice his faith in the privacy of his own home. He is even free to discourage others from using contraceptives (i.e., he has a right to free speech). What he is not allowed to do is follow his conscience. The government has decided they have pelling interest in forcing O’Brien to pay for his worker to have free contraceptives—and so he must. This is the balance of freedom that the NYT believes is laudable: O’Brien is free to say what violates his conscience and the government is free to force him to violate his conscience.

But the truly risible and ridiculous claim by the NYT it that by violating O’Brien’s freedom of religion Judge Jackson’s ruling is really “a victory for . . . religious freedom.” Don’t bother trying to understand the logic of that claim because there is none to be found. If a ruling is decided in favor of liberalism then, ipso facto, it must defensible and consonant with the highest values of mankind. How could it be otherwise?

The truth is that Jackson’s legal reasoning could be applied to every employer who has religious objections to the HHS mandate’s requirement to pay for contraceptives and abortifacients. As Legal analyst Ed Whelan explains, “Under her reasoning, the very narrow exemption that the Obama administration is affording some employers and the ‘safe harbor’ against enforcement that it is temporarily extending to others are entirely gratuitous.” Law professor Rob Vischer adds,

[I]f this court is correct in its analysis, then HHS could rewrite the regulations, remove any exemption for religious employers and add abortion to the list of covered services. The Catholic Church could be forced to pay for its employees’ abortions without creating a substantial burden on religious exercise for purposes of [Religious Freedom Restoration Act], and that issue would be so straightforward that it could be handled on a [pretrial motion].

While no one on the irreligious NYTeditorial board will be troubled by such es, the decision should frighten those of us who understand the importance 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
Africa needs trade, not more weapons
The EU is considering a $12-billion peace plan that would supply weapons to war-torn western and central Africa, known as the Sahel region. But Ibrahim Anoba – who hails from Lagos, Nigeria – says trade and economic development, including lower EU tariffs, would go a long way toward bringing peace to the area. At Acton’s Religion & Liberty Transatlantic website, Anoba writes: [T]he recruitment strategy of [al-Qaeda’s regional affiliate] – like most terror organizations – focuses on exploiting munities already...
Adam Smith and the morality of commercial society
Over at Arc Digital today I take a look at Adam Smith’s moral teachings, particularly in light mercial society and Christian theology. This essay serves as a brief introduction to one of the Moral Markets projects I am working on, as well as a teaser for further exploration of the relationship between Christianity and classical political economy. As A.M.C. Waterman describes the developments following the publication of Smith’s Wealth of Nations (WN), “Whether Smith actually intended WN to be read...
The folly of ‘following your passion’
If you’re a young person in America, you’ve undoubtedly been bombarded by calls to“follow your passion,” “pursue your dreams,” or “do what you love and love what you do.” But do these sugary mantras truly represent the path to vocational clarity, economic abundance, personal fulfillment, and human flourishing? Not according to a new study by researchers from Stanford University and Yale-NUS College, which found that “following your passion” is likely to lead to overly limited pursuits, inflated expectations (career, economic,...
Justin Welby reimagines a poorer and less free Britain
“Christian leaders are often guilty of ‘souping up, mon good,” says Noah Gould in this week’s Acton Commentary. “Justin Welby, Archbishop of Canterbury, is no exception. In his latest book, Reimagining Britain: Foundations for Hope, Welby sets out to create a new social and political vision for the United Kingdom based on mon good.” The most precise definition Welby offers is that mon good “looks not to averages but to the totality of flourishing in a group.” He uses the...
30 key quotes from ‘Humanae vitae’ (Of human life)
Fifty years ago this week, Pope Paul VI released Humanae Vitae, an encyclical on marital love, responsible parenthood, and artificial contraception. Because contraception profoundly influences so many areas of life—from the family to national policies—this statement on human anthropology and sexuality has e a one of the most significant documents of Catholic social thought. In honor of the anniversary, here are 30 key quotes from the papal encyclical: The transmission of human life is a most serious role in which...
The welfare state threatens vulnerable life
Poland has an overwhelmingly Roman Catholic population, a putatively pro-life government, and a popular initiative to protect the lives of children suffering from genetic conditions like Down syndrome – so, why has it gone nowhere? Politicians candidly admit allowing sick children to survive would cost the state-run health care system too much money. At Acton’s Religion & Liberty Transatlantic website, Polish author Marcin Rzegocki writes: A report from an official parliamentary body, the Bureau of Parliamentary Analysis, stated that “adoption...
The ‘idea equation’ and economic growth
Note: This is post #86 in a weekly video series on basic economics. As we’ve seen in recent entries in this series, ideas play a key role in economic advancement. If we can predict the future of ideas we can, in part, predict the future of economic growth. But how do we do that? To answer that question, economist Alex Tabarrok look at the “Idea Equation.” In this video by Marginal Revolution University, Tabarrok explain how Ideas = Population x...
Radio Free Acton: Discussing the Trump-Putin summit with Mihail Neamtu; Upstream on how to read
On this episode of Radio Free Acton, host Caroline Roberts speaks with Mihail Neamtu, Romanian conservative author, on the Trump-Putin summit, Russia’s economy, and what Trump should have prioritized at his meeting with Putin. Then, on the Upstream segment, Bruce Edward Walker talks to Peter Meilaender, Professor of political science at Houghton College, on literary criticism and how to best read a book. Check out these additional resources on this week’s podcast topics: Read “The Trump-Putin summit: A missed opportunity...
We are all New Deal socialists now
President Trump is known for public unveiling his inner thoughts on Twitter. But one of the most ments he’s ever made came recently in a private discussion with lawmakers about trade policy. According to Sen. Jerry Moran, R-Kan., when senators visited the White Housethey told the president what farmers want is access to markets, not a payment from government. To this Trump replied, “I’m surprised, I’ve never heard of anybody who didn’t want a payment from government.” Unfortunately, the president...
Why religion is a central pillar to the civil society
In an article for the Stanford Social Innovation Review, Kay Coles James, president of the Heritage Foundation, argues that “the health of a civil society is dependent on religious expression and liberty.” James is also the author of Transforming America from the Inside Out and has been featured by the Acton Institute before. Religion has always been a central aspect of civil society because it makes up a very significant portion of those cultural institutions that unite, inspire, and guide...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved