Home
/
RELIGION & LIBERTY ONLINE
/
The New York Times Doesn’t Understand Freedom of Religion
The New York Times Doesn’t Understand Freedom of Religion
Dec 6, 2025 2:58 AM

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
Women Talking Will Definitely Have You Talking
Nominated for a Best Picture Oscar, Women Talking takes a real-life story of horrific abuse in a South American munity and transmutes it into a transcultural discussion of women’s choices. But does it lose something in the translation? Read More… The film Women Talking opens with what amounts to a warning: “This is an act of female imagination.” That’s because it’s not actually a telling of the events on which it is based, the horrific story of rape and abuse...
What Should Social Conservatives Do in 2023?
Following the work of one of social conservatism’s most prominent defenders is a good start for the new year. Read More… In 2021, for the first time in two decades of Gallup polling, America’s social ideology shifted. For the first time in two decades of Gallup polling, social liberals outnumbered their socially conservative counterparts. Although a 4% dislocation may not seem that significant, it serves as evidence of a trend many on the political right have bemoaned for years: More...
Blessed Are the Well-Armed Peacemakers
A new book on the Reagan administration and the battle to win the Cold War gets something that others miss: it was a team effort, and one that was met with both left-wing and White House opposition. But the president and his NSC head believed they were doing God’s work. Literally. Read More… Of all the writers in the limited universe of Reagan biographers (myself included), William Inboden is one I have never met. His Amazon page shows only one...
Washington Fiddles, Texas Burns
Breaking government monopolies on providing social services takes more than patience and perseverance—it takes a witness. Read More… While Washingtonians in 1995 fought welfare battles on Capitol Hill, a struggle initially below press radar began in San Antonio. The July 5 afternoon temperature was 90 degrees as James Heurich, with sleeves rolled up and tie loosened, sat at his scarred desk in the office of a Christian anti-addiction program, Teen Challenge of South Texas. Heurich, a big bear of a...
Derry Girls and the Need to Get Past
The finale of the British edy summed up perfectly the true theme of the show but also hinted at a way forward for all of us in these fractious, contentious times. Read More… At the beginning of the final episode of Derry Girls, the British Channel 4 TV series that ran for three seasons and that was also carried by Netflix in the U.S., the character Orla McCool, one of the titular protagonists, leaves a government office after having received...
Jimmy Lai Among Hong Kongers Nominated for Nobel Peace Prize
Nobel Prize or not, such an honor does not end the entrepreneur and freedom fighter’s legal battles. Read More… Hong Kong media mogul Jimmy Lai has lost a great deal. From his news outlet, Next Digital, to his rights as a citizen of Hong Kong, 75-year-old Lai now sits in a prison cell for his pro-democracy activities and may spend the rest of his life in prison under the Chinese Communist Party’s National Security crackdown on dissent of any kind....
Why the British Evangelical Revival Still Matters
“Evangelical” has e almost a dirty word, with political and scandalous overtones. But its history, and that of evangelical revivals, is a rich and varied one that includes some of the great “social justice” movements of the past 250 years. Read More… In the middle decades of the 18th century, a powerful spiritual movement swept through much of North America and Great Britain, as well as some parts of northern Europe. This evangelical revival (or, in North America, the Great...
A NY Times Journalist vs. Freedom of Religious Conscience
A recent NY Times op-ed rang an alarm bell about the Supreme Court’s supposed preference for religion “over all other elements of civil society.” This betrays a terrible misunderstanding of what exactly the First Amendment protects. Read More… Earlier this week, Pulitzer Prize–winning New York Times journalist Linda Greenhouse came out of retirement on the opinion page of her former paper to warn Americans that their nation is now on the cusp of seeing religion “elevate[d] … over all other...
You Can’t Erase the Past by Changing a Name
We can’t change history or attitudes simply by changing the names of monuments and military bases. Confronting the past, and learning from it to produce a generation of new role models, is much harder, and much preferred. Read More… Early in January, the U.S. Department of Defense began a massive undertaking to change the names of nine military bases, two ships, and over 1,000 other items, including signs and roads, all of which are currently linked to Confederate figures. Fort...
Jimmy Lai Fights the CCP for Access to Human Rights Lawyer
The embattled published and entrepreneur continues his fight for justice—and the counsel he previously had been allowed. Read More… Sitting in a prison cell, stripped of both legal counsel and liberty, 75-year-old entrepreneur and publisher Jimmy Lai has likely been tempted to give up the fight against the Beijing and its years-long effort to curtail civil and human rights in Hong Kong. Yet the democracy advocate, imprisoned since December 2020, continues to take on Xi Jinping’s regime for his right...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved