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 24, 2025 12:16 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
Why Christians Should Reject the Vocabulary of ‘Short-Term Missions’
Christians have routinely accepted a range of false dichotomies when es to so-called “full-time ministry,” confining such work to the vocation of pastor or evangelist or missionary. The implications are clear: Those who enter or leave such vocations are thought to be “entering the work world” or “leaving the ministry,” whether it be for business or education or government. Tothe contrary, God has called all of us to minister to the lost across all vocations, and to do so “full-time.”...
Samuel Gregg: Some political and social movements ‘prioritize equality over freedom’
Following the recent Rome conference “Freedom with Justice: Rerum Novarum and the New Things of Our Time”, held in celebration of 125th anniversaryof Leo XIII’s 1891 encyclical on private property, the Industrial Revolution and the spread of Marxist ideology, Acton’s Samuel Gregg was interviewed by Shalom World TV. VaticanjournalistAshley Noronha, who hosts the India-based religious news magazine Voice of the Vatican, asked Gregg what was the the connection between religious and economic freedom andhow traditional Catholic social teaching is responding...
5 Facts About Acton University
This is the week for the annual Acton University, a unique educational experience focused on the intersection of liberty and morality. Here are five facts you should know about Acton U. 1. Acton University is a four day annual conference on liberty, faith and free-market economics held in Grand Rapids, Michigan. 2. Each even includes nine sessions in which attendees can create a customized learning path from 100+ courses taught by 55+ international, world class experts. 3. The conference is...
Church of England: Maybe Margaret Thatcher Wasn’t So Un-Christian After All
“Economics are the method,” wrote Margaret Thatcher in 1981, “the object is to change the heart and soul.” Guided by her Christian faith, the prime minister believed that the welfare state was not only harming her fellow citizens but damaging the moral fabric of the United Kingdom. As Florence Sutcliffe-Braithwaiteexplains, Thatcher’s fears about the welfare state were twofold: First, she and her advisers thought that generous collective provision for unemployment and sickness was sapping some working-class people’s drive to work....
Perverse Incentives Hurt Poor Defendants
Since the landmark Supreme Court decision Gideon v. Wainwright (1963) every state has developed a system of public defense. The decision guaranteed that those accused of felony offenses are entitled to a lawyer under the rights outlined in the 6th Amendment, which include, the right to a jury trial, a public trial, and pertaining to Gideon, “to have the assistance of counsel for his defense.” In the wake of the Gideon decision each state was required to develop a system...
Milton Friedman vs. Bernie Sanders
The presidential campaign of Bernie Sanders is about e to an end. Unfortunately, though, the Democratic Socialism espoused by Sanders will live on long after his presidential ambitions have faded. This type of socialism is nothing new, of course. For more than a century free market economists have been warning of the dangers of succumbing to the economic fallacies of democratic socialism. A prime example is the late, great Milton Friedman. Although he’s been gone for a decade, Friedman is...
Explainer: What You Should Know About ISIS and the Orlando Terrorist
On Sunday, an American-born terrorist named Omar Mir Seddique Mateen killed 49 and wounded 53 in Orlando. In a 911 call during the attack Mateen pledged his allegiance to the terrorist group ISIS. Although the group also claimed responsibility for the attack, U.S. officials said they haven’t seen a direct link between the gunman and the terrorist group. Here are five facts you should know about ISIS: 1. ISIS (aka ISIL, Islamic State, IS, Daesh) is the name of an...
Exiles in the American Lion’s Den
We have routinelypointed to Jeremiah 29 as an introductory primer for life in exile, prodding us toward faithful cultural witness and away from the typical temptations of fortification, domination, and modation. As Christians continue to struggle with what it means to be in but not of the world, Jeremiah reminds us to “seek the welfare of the city,” bearing distinct witness even as we serve our captors. We are to “pray to the Lord for it,” Jeremiahwrites, “because if it...
What Christians Should Know About Crony Capitalism
Note: Later today at the Faith & Freedom conference I’ll be speaking on a panel titled, “A Cronyism Crisis: How Corporate Welfare Undermines Markets and Human Flourishing.” If you’re at the conference please stop by this session. The Term:Crony capitalism (sometimes referred to as cronyism or corporatism) What it means:Crony capitalism is a general term for the range of activities in which particular individuals or businesses in a market economy receive government-granted privileges over their customers petitors. Why it Matters:...
Review and audio: Reconciling God and profit
Samuel Gregg’s latest book, For God and Profit: How Banking and Finance Can Serve the Common Good argues that making a profit and living a good, moral life are not mutually exclusive endeavors. People are taking notice. In a new review of the book at Zenit, Fr. John Flynn agrees with Gregg. “[M]oney and finance,” he begins, “play an essential role in the well-being of persons and nations and they are not of themselves immoral.” He continues: Another handicap to...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved