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 5, 2025 12:57 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
Take your ball and go home
“Winning isn’t everything.” Whatever happened to this slice of wisdom? In Columbus, Ohio, a team of baseball players has been ejected from their league for being “too good”! (Read the story here). The parents of the teams being slaughtered by the better plained that losing was seriously detrimental to their kids’ self-esteem. Therefore, the league decided to reward the hard work of the winning team with expulsion. Winning isn’t everything, but apparently, losing is. What this league and the supporting...
Revisionist history
At today’s Get Fuzzy. ...
Ruling on the Decalogue
I have to admit that I’ve never been able to get that fired up about the controversies surrounding the various public displays of the Decalogue. It no doubt has to do with my view that it is far more important for the law to be written on our hearts rather than on stone (see for example Jeremiah 31:27-40). It’s all (on both sides) struck me as a little to much like public posturing, and for the Christian conservatives who support...
Journal of Markets & Morality, volume 8, issue 1
Journal of Markets & Morality Volume 8 • Number 1 The publication of this issue (vol. 8, no. 1) marks the full implementation of the journal’s two issue moving wall. This means that as an archived issue, volume 7, number 1 is now freely available in its entirety. Subscribers are able to access electronically the full content of the two most current issues. Stephen Grabill’s editorial deals with these trends in scholarly publishing, with an eye on the specific situation...
Reagan voted greatest American
Ronald Reagan was voted the Greatest American in history by a slim margin by a Discovery Channel program, barely beating out Abraham Lincoln. Martin Luther King, Jr., George Washington, and Benjamin Franklin rounded out the top 5. Of course, I’m not sure how much credence should be lent to a list whose top 100 included such luminaries as Tom Cruise, Ellen DeGeneres, Brett Favre, Dr. Phil, and Michael Moore. In any case, when Ronald Reagan passed away last year, Acton...
How religious right, left can work together
The Detroit News included a statement from me, along with two of their Faith and Policy columnists, reacting to a Washington Post story by Alan Cooperman about cooperation between religious leaders from the political left and right. Here’s my bit: The Washington Post’s article about the prospects for rapprochement between religious conservatives and liberals gets to the heart of the “cold war” that has existed between these groups for so long. The historic intractability of both sides has led to...
Greening evangelicals
Rev. Richard Cizik of Virginia is being hailed as “in the vanguard of a striking new movement: evangelicals prodding President George W Bush to take action on global warming. And his stance cannot easily be dismissed as radical nonsense, as the Green cause is traditionally mocked by the Right. He is the Washington representative for the National Association of Evangelicals, America’s largest evangelical group. With 30 million members, the NAE is possibly the most powerful voting bloc in the country.”...
Gregg in The Tablet
Samuel Gregg, director of Acton’s Center for Academic Research, wrote “One nation under God?” appearing in tomorrow’s The Tablet: To European eyes, America seems a remarkably united religious country. But the United States is as prey to disputes over secularism as other Western nations. ...
The problem with aid
In a number of previous posts, I have expressed concern over new efforts to increase the amount of government-to-government aid to Africa (see here, here, and here for background). Today brings another bit of news that should give pause to anyone advocating for massive increases in government aid to Africa. From Saturday’s London (UK) Telegraph : The scale of the task facing Tony Blair in his drive to help Africa was laid bare yesterday when it emerged that Nigeria’s past...
No smoking in the smoke shop
Madison, Wisconsin’s city council voted down a resolution that would have allowed an exemption from the public smoking ban for cigar bars. The ban goes into effect July 1. HT: Cigar Jack’s Cigar Blog ...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved