Home
/
RELIGION & LIBERTY ONLINE
/
The New York Times Doesn’t Understand Freedom of Religion
The New York Times Doesn’t Understand Freedom of Religion
Jan 25, 2026 10:31 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
Commentary: Hollywood 2012: What Messages are the Movies Sending Us?
“If I had cash to spend on promoting the values and ideas and policies that I believed were best for this country, you can bet that I would be out finding talented directors, writers, and producers who shared those values,” writes R.J. Moeller. The full text of his essay follows. Subscribe to the free, weekly Acton News & Commentary and other publicationshere. Hollywood 2012: What messages are the movies sending us? byR.J. Moeller The list ofthe twenty-five top-grossing films(worldwide) of...
Audio: Ray Nothstine on Gun Control
Ray Nothstine, managing editor of Religion & Liberty, was recently on Relevant Radio with Drew Mariani to discuss the issue of gun control. According to the Chicago Tribune: President Barack Obama unveiled a sweeping plan to reduce gun violence…that would require criminal background checks for all gun sales and a ban on military-style assault weapons. Obama also proposed an end to high-capacity ammunition clips, instead limiting clips to 10 rounds, according to details of the plan released by the White...
Debating Food Equality in New York
The Food Bank For New York recently released their annual report on the state of hunger in the city and the growing disparity between e New Yorkers and New York City’s professional class. The report refers to this disparity as the food “haves” and “have nots.” The report, “NYC Hunger Experience 2012: One City, Two Realities,” was released Tuesday at the 21st annual Agency Conference. The New York Non-Profit Press summarized the key findings: Almost one in three New York...
The Audacity of Irony: Obama and “Religious Freedom Day”
Yesterday, while his lawyers were busy defending against charges that the Obama administration violated the religious freedoms of his fellow citizens, President Obama was designating January 17 as Religious Freedom Day. The author of the The Audacity of Hope has the audacity to hope that Americans will not snicker at the idea that he’s a defender of religious liberty. In his proclamation, Obama says, Today, we also remember that religious liberty is not just an American right; it is a...
A Cookie for Me, But Not for Thee
There are some amazing economic and moral lessons, related to redistribution, zeo-sum fallacies, as well as virtue and desire, embedded in this Sesame Street video: Can you think of any other ways that both Ernie and Cookie Monster might have been able to be happy instead of sad? And what if the object in question weren’t a cookie, but instead something like an apple, perhaps? ...
The Idle Ents
You’re part of this world, aren’t you? A tree-herder should know better! Last week I had the pleasure of participating in the First Kuyper Seminar, “Economics, Christianity & The Crisis: Towards a New Architectonic Critique,” held at the VU University Amsterdam. I gave a paper on “The Moral Challenges of Economic Equality and Diversity,” which focused on envy as a moral challenge particularly endemic to market economies: “Since envy arises out of inequality, envy and inequality go together. And since...
Samuel Gregg: ‘Becoming Europe’ – A Heritage Event
Author of ing Europe” and Acton’s Director or Research, Samuel Gregg, will be at The Heritage Foundation on Thursday, February 7 to speak on “Economic Decline, Culture, and How America Can Avoid a European Future.” The event can be attended in person or viewed online. Visit the Heritage events page for more details. Read an excerpt of ing Europe” and purchase the book here. ...
Audio: Samuel Gregg Discusses ‘Becoming Europe’ on Relevant Radio
Recently Samuel Gregg, was interviewed by Sheila Liaugminas of Relevant Radio. They discuss Gregg’s latest book, ing Europe. Listen to the interview here: [Audio: Michael Novak, author of The Spirit of Democratic Capitalism, says this about the book: If you don’t know Samuel Gregg’s writing, you don’t know one of the top two or three writers on the free society today: free in its culture, free in its politics, and free in its economy. In this book, Gregg has produced...
Does the Work of Truck Drivers Matter to God?
Don’t believe the vocational lie, says Paul Rude, for God has imbued your mundane work with immense dignity and significance: The interview playing over my car radio was standard fare. The host of a Christian program was interviewing a wildly popular contemporary Christian music star—little more than background noise as I drove down the highway. But then the discussion landed on the topic of serving the Lord in ministry. The musician told the listening world how his brother was once...
Happiness, work, and the eternal quest for meaning
In my cautionary post on the constant temptation to indulge in earthbound economics, I mentioned that even seemingly noble, intangible features such as “happiness” can be just as futile and vain when pursued on our own terms and for our own limited purposes. If we don’t order and define things properly, the “pursuit of happiness” can easilydistract us away from our eternal quest for widespread spiritual transformation. As the author of Ecclesiastes points out, when “testing ourselves” with mere pleasure—even...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved