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<div class="timestamp">May 27, 2012</div>
<h1>The Politics of Religion</h1>
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<p>
Thirteen Roman Catholic dioceses and some Catholic-related groups scattered lawsuits across a dozen federal courts last week <a title="Times article" href="http://www.nytimes.com/2012/05/22/us/catholic-groups-file-suits-on-contraceptive-coverage.html?_r=1">claiming that President Obama was violating their religious freedom</a>
by including contraceptives in basic health care coverage for female
employees. It was a dramatic stunt, full of indignation but built on
air. </p>
<p>
Mr. Obama’s contraception-coverage mandate specifically exempts houses
of worship. If he had ordered all other organizations affiliated with a
religion to pay for their employees’ contraception coverage, that policy
could probably be justified under Supreme Court precedent, including a
1990 opinion by Justice Antonin Scalia. </p>
<p>
But that argument does not have to be made in court, because Mr. Obama
very publicly backed down from his original position and gave those
groups a way around the contraception-coverage requirement. </p>
<p>
Under the Constitution, churches and other religious organizations have
total freedom to preach that contraception is sinful and rail against
Mr. Obama for making it more readily available. But the First Amendment
is not a license for religious entities to impose their dogma on society
through the law. The vast majority of Americans do not agree with the
Roman Catholic Church’s anti-contraception stance, including most
American Catholic women. </p>
<p>
The First Amendment also does not exempt religious entities or
individuals claiming a sincere religious objection from neutral laws of
general applicability, a category the new contraception rule plainly
fits. In 1990, Justice Scalia reminded us that making “the professed
doctrines of religious belief superior to the law of the land” would
mean allowing “every citizen to become a law unto himself.” </p>
<p>
In 1993, Congress required government actions that “substantially <a title="The statute" href="http://www.churchstatelaw.com/federalstatutes/7_2.asp">burden a person’s exercise of religion</a>”
to advance a compelling interest by the least restrictive means. The
new contraceptive policy does that by promoting women’s health and
autonomy. </p>
<p>
And there was no violation of religious exercise to begin with. After
religious groups protested, the administration put the burden on
insurance companies to provide free contraceptive coverage to women who
work for religiously affiliated employers like hospitals or universities
— with no employer involvement. </p>
<p>
This is a clear partisan play. The real threat to religious liberty
comes from the effort to impose one church’s doctrine on everyone.
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<br clear="all"><br>-- <br>Art Deco (Wayne A. Fox)<br><a href="mailto:art.deco.studios@gmail.com" target="_blank">art.deco.studios@gmail.com</a><br>