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 21, 2026 6:11 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
Video: David Hebert on how ice got to India
The 2019 Acton Lecture Series wrapped up last week Thursday with a lecture by David Hebert,assistant professor of economics and director of the Center for Markets, Ethics, and Entrepreneurship at Aquinas College. Hebert told the story of Frederick Tudor, a Boston entrepreneur who in the early 1800s set about finding a way to transport ice to Cuba, believing that given the opportunity, Cubans would pay handsomely for the resource. It wasn’t easy, but in the end he was right, and...
The Virtue of Liberalism
Today, Law & Liberty published the text of my lecture for the Philadelphia Society in October: “Why Economic Nationalism Fails.” The topic for the panel was “Conservatism and the Coming Economy.” Since I’m not a determinist and doubt my own powers of prediction, I focused on what political economy conservatives ought to support in the future, despite worrying trends in the present: Conservatives ought to reaffirm the good of economic liberty, both domestically and internationally. Free markets and free trade,...
Hugo Chavez and Jack London on why socialism kills
In an emotional story in the January 2020 issue of Reason, Jose Cordiero relays how “socialism killed my father” – through economic scarcity. His article highlights the life-and-death stakes of wealth creation. Cordiero writes that he was working in Silicon Valley when he got a call that his father had experienced kidney failure in Caracas. Yet even traveling to Bolivarian Venezuela became virtually impossible. The economic collapse ushered in by Hugo Chavez’s socialist policies dried up demand: Indeed, the number...
An encyclical on China and the US?
Sen. Marco Rubio’s recent speech on capitalism and mon good, taking its point of departure in Rerum Novarum, has gotten a good bit of coverage. Yesterday he delivered remarks at the National Defense University and opened with these words: This morning I am honored to speak here at the National Defense University to discuss the defining geopolitical relationship of this century: the one between the United States and China. Unfortunately, I was unable to find a papal encyclical on this...
Jeremy Corbyn would destroy the US-UK special relationship
Citizens across the UK are casting their votes in the 2019 general election. Jeremy Corbyn “seems in equal parts blind to the violence of socialism, the goodness of the West, and anti-Semitism in his own party,” I write in my new article for The American Spectator. The voters’ decision will have a decisive impact on the United States and the West as a whole. The Labour Party leader would destroy the special relationship of the U.S. and the UK. After...
Wilhelm Röpke on liberalism and Catholic social teaching
This week’s Acton Commentary, adapted from my preface to the newest Acton Institute publication The Humane Economist: A Wilhelm Röpke Reader, illustrates what makes Röpke such an interesting and vital economist: Röpke saw his project in holistic terms involving intersecting and interdependent spheres or orden that to be fully appreciated and understood scientifically must be examined in their economic, social, and moral dimensions. mitments to mainline economic analysis, the importance of social institutions, and the moral and religious framework of...
A bait and switch at Peter’s Pence?
The Wall Street Journal’s recent article on the Vatican’s main charitable appeal landed like a bombshell this week. And it didn’t help that we’re in the midst of the holiday giving season. The Roman Catholic Church conducts an annual collection known as Peter’s Pence, which is touted as supporting mercy ministries and serving those most in need. Shockingly, the Journal has reported that for at least the last five years “as little as 10%” of the approximately $55 million raised...
How reason and faith complement each other
Faith and reason are mutually reinforcing. When faith and reason bined, faith is kept from metastasizing into irrationality and reason is kept from ing overly materialistic. bination of faith and reason is the foundation of Western Civilization. In a new review of Samuel Gregg’s book, Reason, Faith, and the Struggle for Western Civilization, Gene Veith of Patrick Henry College notes that “[t]he scholastic theology of Roman Catholicism, grounded as it is in Aristotelian philosophy, does indeed integrate faith and reason,...
Trade war hits home: How tariffs disrupt American businesses
Despite the “America-first” claims of trade protectionists and economic nationalists, we continue to see the ill effects of the Trump administration’s recent wave of tariffs—particularly among American businesses, workers, and consumers. Alas, while such controls may serve to temporarily benefit a select number of businesses or industries, they are just as likely to distort and contort any number of other fruitful relationships and creative partnerships across the economic order—at home, abroad, and everywhere in between. In a recent article for...
Acton Line podcast: Elizabeth Warren wants $3 trillion tax hike; Mark Hall on America’s Christian founding
Massachusetts Democratic Senator and presidential candidate Elizabeth Warren has proposed to increase taxes for big businesses and high earners to rake in nearly $3 trillion per year. Warren plans to use this tax to fund spending in health care, education, and family benefits, and as a result, according to Warren, the economy would grow. Are economists in agreement with Warren? What would increased taxes on the wealthy do for the economy? Dave Hebert, professor of economics and director of the...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved