On one of my posts on Independence
Day, I analyzed several cases on interests to conservatives that advanced
liberty or good government in Part I of this two-part series. This post is devoted to the last such
decision announced by the Court, in which it ruled that the federal government cannot force closely-held corporations to
violate their religious beliefs to provide insurance coverage that includes
abortifacients.
The
plaintiffs, two Protestant Christian corporations, objected to an Obama
Administration regulatory mandate imposed under the federalization of health
insurance (“Obamacare”) that required them to provide insurance benefits that
included certain contraceptives that also are abortifacients. Their owners do not object to contraception,
but to certain contraceptives that also may cause abortions by preventing the
implantation of the fertilized embryo, which is not “contraception” because it
occurs after conception, which is the beginning of an individual human life. The Court ruled that religious owners of
closely-held corporations, even if for-profit, religious people, under the 1993
Religious Freedom Restoration Act, are not compelled to violate their beliefs
because they follow their vocation to engage in commerce and incorporate to protect
themselves from liability.
Abortion,
as an evil, is a moral issue, not strictly a religious one. Religion and morality are distinct and, as secularists
and atheists argue, even non-believers can accept at least certain morals, but
religion was at issue in this case because it informs our understanding of
morality and compels believers to act morally.
The contraception/abortifacient/sterilization
mandate imposes a substantial burden on business owners, insofar as they would
have to pay expensive fines for non-compliance in order to follow their
religious conscience. A substantial
burden was necessary for conscience protection under the statute. Another element of the law is the requirement
that government use the least restrictive means to achieve its purpose, which the
federal government failed to use in imposing the mandate. The Obama Administration was unable to prove a
compelling interest in requiring insurance coverage for relatively inexpensive
drugs (e.g. the four abortifacients to which the plaintiffs objected), as the
Administration undermined its argument for a compelling interest by the many
exemptions to Obamacare it has granted, or how imposing such a mandate would be
the least restrictive means, considering it had granted many exemptions to the
mandate in question. In fact, the
Administration’s “accommodation,’ given to the non-profit corporations – as
inadequate as it is – proved it was not using the least restrictive means in
regard to for-profit corporations.
The case was not about equality, as
the mandate does not cover contraception for males. Regardless, the ruling upholds the
fundamentality of religious liberty. Business
owners who incorporate and retain full ownership of their companies cannot be
forced to abandon their practice of religion in the free market. In other words, incorporation under the laws
of a state does not equate to the forfeiture of religious liberty in commerce.
The ruling
was narrow, as was the dissent. The
Court made clear the ruling only applies to corporations that are so
closely-held by their owners as to be indistinct from them, not to
publicly-traded companies, and only in instances where government cannot show
it had no other recourse to accomplish its purpose.
The liberal dissenting Justices
made much of the fact that the plaintiffs were for-profit corporations, as if
their only motivation is profit, as if such corporations do not do good, and as
if being non-profit necessarily, ipso facto, makes an entity good. In both this case and a recent related one in
which the Court granted an injunction to a college from the same mandate, the liberal
minority would have the government judge religious beliefs, deciding how
sincerely held the beliefs are and whether they are reasonable and even making
theological arguments about them, instead of empathetically protecting their
religious practices, which was the intent of the Religious Freedom Restoration
Act. The minority liberal Justices were
skeptical of the plaintiff’s religious beliefs and moral concern about the
beginning of life at conception, not implantation of the embryo, as most
liberals cannot recognize the humanity in those human beings that look
different, whom they dehumanize as only “potential” humans, contrary to
scientific understanding that a human life begins at conception, even though
the law was meant to protect even those religious beliefs with which they
disagree.
Nevertheless, the dissenting Justices’
emphasis on the plaintiffs as for-profit, as opposed to non-profit
corporations, suggests that non-profit corporation plaintiffs, religious or
not, are likely to win their cases that have been appealed to the Supreme Court
in which they object by various degrees to the Obama Administration’s
contraception/abortifacient/sterilization insurance mandate because the
accommodation granted to religious organizations by the Administration is
inadequate.