By now everyone has heard about the Supreme Court’s ruling on the “Affordable Healthcare Act” and depending on your political views either think it’s great or it’s the worst thing that has ever happened. Let me start by saying if you would like my political view on it you can read them on my other blog. But what about it’s effect on religious freedom, i.e. the HHS mandate? Is this the end of that fight as well? (For the record the fight against Obamacare isn’t over). I say no it isn’t becasue it’s a different issue.
The argument against the individual mandate for Obamacare was that the government can not force anyone to buy anything. This is guaranteed by the Constitution, the “Commerce Clause”, Article 1, Section 8. And the court actually upheld this by saying that the Government can’t force anyone to buy anything. The Court is calling this a tax, and says the government can tax a person if they don’t buy something. Again, see my other post for my attempt at explaining this.
The HHS mandate is different, at least in my un-legal mind. This goes against the First Amendment by forcing the government’s “brand” of religion on people. In effect the HHS mandate is saying that they beleive everyone should be required to have contraception and it must be a part of your coverage, and someone else will pay for it for you.
The government’s brand of religion is one of immorality, do what you want and you don’t have to be responsible for your actions. It is a religion which says someone else will always take care of you. The First Amendment guarantees we are free to worship as we wish, or not at all if that is our desire, and no one can force us to worship in the way they want.
I also think there is a difference becasue the Catholic Church is not saying they won’t provide their employees health insurance, just not what they beleive is against their teaching. Where the left gets it wrong is they think the church is against providing healthcare, against helping people, when time and again the church has always been among the leaders in helping others.