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 4, 2025 4:46 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
Thank God for Virtue
To whom ought we to be thankful—and for what? Ask Abba Isaac. Read More… Each night, when it’s my turn to tuck in my littlest kids—Erin (5) and Callaghan (3) … and sometimes Aidan (6)—we say the same traditional prayers together: the “Our Father,” the “Axion Estin,” and the Creed. After the Creed, I ask them, “What are you thankful for tonight?” and “Who should we pray for tonight?” They’re always thankful for their mom. They’re usually thankful for each...
Recovering the Melting Pot
History demonstrates that ethnic and racial fractionalization always ends in societal collapse. Crafting a new melting pot can save this country and the West. But it won’t be easy. Read More… Up until a few decades ago, it mon to think of the United States as a melting pot. People from all over the world e to this great country, adopt American values, and learn English while also bringing a piece of their former culture to mix into the broader...
The Resurrections of Doctor Who: Why the Time Lord Has Endured for 60 Years
The beloved sci-fi TV show Doctor Who is entering its seventh decade. The secret to its success is surprising. Read More… The publicists at the BBC weren’t thrilled, one imagines, when their Doctor Who leading man spoke candidly about why he loved the program so much. “People always ask me, ‘What is it about the show that appeals so broadly?’” Peter Capaldi said in 2018. “The answer that I would like to give—and which I am discouraged from giving because...
Thomas Howard: Separating Art and Media
The author of Evangelical Is Not Enough and Christ the Tiger had much to say on the subject of high culture and the “permanent things.” A new collection of his essays keeps his ideas alive at a time when everything seems terribly disposable. Read More… True art is a hard sell in an era in which media is predominant. Today, successful media is immediate, snappy, flashy, pervasive, and geared toward influencing the public to buy something and/or think a certain...
Walker Percy’s Guide to These Deranged Times
Lost in the Cosmos was derided when first published 40 years ago yet remains an irresistible test of the extent to which we remain mysteries even to ourselves. Read More… Forty years ago, the philosopher and novelist Walker Percy published what is easily the strangest book of his writing career. Lost in the Cosmos distills the major themes of both his novels and his philosophical essays into a little over 250 pages of multiple-choice questions (and peculiar answers), hypotheticals, and...
Lovers of Truth: C.S. Lewis and Elizabeth Anscombe
The great Christian apologist, scholar, and novelist C.S. Lewis died 60 years ago today. Among his many memorable exchanges was one with philosopher G.E.M. be. The legacies of both would inform the faith and intellectual contributions of generations to follow. Read More… It was a night that would live in infamy. The great debater and Christian apologist C.S. Lewis was defeated by a woman—and a young Roman Catholic upstart philosopher at that. Except that’s not quite what happened. The indefatigable...
God vs. Absurdity
There have been many attempts to prove the existence of God and disprove a sui generis universe in which sentient life is a mere accident of the Big Bang. A new book offers some fresh insights into why theism is a better explanation than naturalism for understanding reality, including the ability to do science. Read More… “In fact, the fundamental claim of this book is that if one believes the world actually is intelligible—that things make sense, and ultimate explanation...
Hannah More: Pioneer of Voluntary Christian Schools
“Action is the life of virtue … and the world is the theatre of action.” Read More… Hannah More (1745–1833) was a most extraordinary woman. A poet and playwright mixing with the leading figures of her day in the theater and arts, she found evangelical faith and deployed her considerable writing skills in support of William Wilberforce’s campaign against the slave trade. These same talents were harnessed in advocacy of evangelical Christianity through a series of influential tracts and pamphlets....
The Satanic Virtues
Milton did not err in his depiction of the Devil in Paradise Lost, and modern times show it to be thus. Read More… I’ve been rereading Milton’s Paradise Lost. I am not alone in this; earlier this year, every time I checked Twitter, someone menting on Paradise Lost. There seemed to be a gravitational pull toward Milton’s epic. Many people, from Jaspreet Singh Boparai at The Critic to Ed Simon at LitHub, found menting on this very old poem—and not...
The Real Threat to Economic Freedom
A new book argues that some Big Players are working behind the scenes to make it increasingly impossible for us to own anything. Are things really that bad? And if so, do the offered solutions make sense? Read More… The tyrannical collusion between global and corporate elites and the U.S. government leaves us teetering on the edge of losing everything and owning nothing, according to Carol Roth in her new book, You Will Own Nothing: Your War with a New...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved