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 9, 2025 3:21 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
Pope Benedict and the New Evangelization
Over on the Huffington Post, Andreas Widmer, Acton’s Research Fellow in Entrepreneurship, suggests that Pope pleted the work of John Paul and then laid the groundwork for the New Evangelization but recognized that that project should be headed by someone else: Before we move on, we need to stop and reflect on what just happened — not just in the past seven years, but the last 70 years. Upon closer examination of the facts, observers will see that this was...
Glorifying God and Changing Lives Through Metal Manufacturing
The Center for Faith and Work at LeTourneau University recently profiled Camcraft, a Christian-run manufacturing business whose owners, the Bertsche family, seek to steward their business according to God’s purposes. “By using Biblical principles to run pany,” says Bern Bertsche, “not only is that God’s way, but it’s a very effective way to run a business.” Watch the video below: Camcraft orients itself around a broader mission to(1) to glorify God, (2) be a great place to work, (3) be...
Audio: Kishore Jayabalan discusses Pope Benedict XVI’s Resignation
Seize the Day with Gus Lloyd on SiriusXM’s the Catholic Channel interviewed Kishore Jayabalan, director of the Acton Institute in Rome,regarding Pope Benedict XVI’s unexpected resignation. Jayabalan discussed the mood in the Rome, the shock of the timing, and Pope Benedict XVI’s legacy. Listen to the full interview here: [audio: ...
Karate Chopping Lil’ Wayne
It is arguable that celebrated rapper Lil’ Wayne pletely lost his mind. In his newly released, grossly pathetic song “Karate Chop” the rapper spits in the face of the family of civil rights martyr Emmett Till by juxtaposing a reference to sexual conquest with the brutal race-driven murder of the teenager in 1955. In the song “Karate Chop (Remix),” Lil’ Wayne says that he intends to “Beat that p**sy up like Emmett Till.” For those unfamiliar with the story, Emmett...
Rationing by Rudeness
In “The Moral Meanings of Markets,” in the latest issue of the Journal of Markets & Morality, Ryan Langrill and Virgil Henry Storr argue that markets ought to be understood and defended not simply as amoral, or merely moral, but as robustly moral spaces. In exploring the contention that markets reward virtues besides prudence, Langrill and Storr illustrate how market exchanges tend to promote civility and politeness. “It makes sense for profit-seeking businessmen to invest in goodwill and good customer...
State of the Union: The Government is Here to do Stuff for You
There is always much to discuss after a State of the Union address, and Tuesday’s speech is no different. Sam Gregg, Director of Research at the Acton Institute, shared his thoughts: “The overall theme of the address is that government is there to do stuff for you,” he said. “He starts out making remarks about America being a country that values free enterprise and rewards individual initiative…and yet he offers proposals for government intervention after intervention after intervention,… and there’s...
It’s a Bad Idea, Mr. President: Why More Preschool Won’t Help
During Tuesday’s State of the Union, President Obama called for an increase in preschool education in order to prepare workers in the future: …none of it will matter unless we also equip our citizens with the skills and training to fill those jobs. And that has to start at the earliest possible age. You know, study after study shows that the sooner a child begins learning, the better he or she does down the road. But today, fewer than three...
Audio: Rev. Robert Sirico Discusses Papal Resignation on CNBC
On Feb. 11, Rev. Robert Sirico discussed the unexpected resignation of Pope Benedict XVI on CNBC News. He talked about Pope Benedict XVI’s reason for resigning, what happens when the papal seat is empty, and who potential candidates for the new pope are. Listen here: [audio: ...
State of the Union and the Reality Conundrum
It was William F. Buckley who said “conservatism takes into account reality.” Reality has e the giant political obstacle for conservatives when es to governing, campaigning, and political messaging. It seems too many Americans still love their freedoms but eschew many of the responsibilities e with it. That’s the crisis we face, the lack of responsibility and our collective grasp on reality. In last night’s State of the Union Address, President Obama predictably fatigued those looking for real cuts, a...
The Minimum Wage Workforce Myth
During his recent State of the Union address, President Obama argued for increasing the federal minimum wage: Even with the tax relief we put in place, a family with two kids that earns the minimum wage still lives below the poverty line. That’s wrong. That’s why, since the last time this Congress raised the minimum wage, 19 states have chosen to bump theirs even higher. Tonight, let’s declare that in the wealthiest nation on Earth, no one who works full-time...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved