Bishops vs. Obama - NYTimes.com - 0 views
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The second argument begins from the government’s claim that certain religious organizations are not “sufficiently religious” to warrant an exemption from government policy. It recognizes that the Obama administration did exempt, for example, individual parishes and dioceses from the health insurance requirement, but drew the line at institutions like hospitals and universities that are less closely related to the Church and its doctrines. This argument is willing to concede that religious institutions other than parishes and dioceses might not have the same rights to exemptions from government policy. But it insists that the government itself has no right to decide how and where to draw the line. That, it says, would allow the government to undermine the Church. For if the government can in a given case decide that, say, a hospital or university is not sufficiently close to the Church to merit the full religious exemption regarding rights of conscience, then there is no reason the government can’t do this in other instances, without limit. Therefore, the argument concludes, giving the government the right to decide such matters in effect gives it the right to destroy the independence of the Church.
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This argument correctly points out that the government — in the sense of the executive branch — should not be the sole judge of what rights of religious freedom a particular religiously affiliated organization may have. But it is equally wrong to claim, as the argument suggests, that the Church itself should be the ultimate arbiter of its own claims. Nor does it make sense to claim that every effort of the government to restrict religious rights should be rejected on the grounds that it is a step toward the total undermining of religion. One could just as well argue that every restriction on individual liberty is a step toward totalitarianism.
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The first argument is based on the right of conscience. It agrees that all employees of a Catholic organization have a right in conscience to practice birth control, but that the organization also has a right in conscience not to pay for (or otherwise facilitate) the practice. The nub of the argument is that an organization's not offering birth control as part of its health insurance does not take away an employee's right to birth control; it would at most make it a bit more difficult to obtain. By contrast, the administration's requirement that the organization offer birth control coverage does eliminate, in this case, its right not to support the practice. This argument makes a valid point, but omits the rights of a third party: the government, which has a right (and duty) to set up rules for the common good of the nation. In some cases, this right takes precedence over the rights of conscience. The government has the right, for example, to force people to serve in wars they think are unjust or pay taxes to support activities like birth control that they think are immoral. Organized religions have, in our system, greater rights to conscientious exemption than individuals, but there is no absolute immunity that keeps a religion's claim of conscience from being trumped by the government's right to "provide for the general welfare." Once we take account of the government's right, we see that this argument does nothing to show that Catholic organizations' rights outweigh the rights of the government in this case.