Assault on the First Amendment
February 26, 2012
The NYTimes rightly criticizes the Catholic bishops for their assault on the first amendment in their criticism of the contraceptive rule and other recent moves. Some excerpts:
But the real departure from the Constitution is their specious claim to a right to impose their religious views on millions of Americans who do not share them. Virtually all American women, including Catholic women, use contraceptives sometime in their lives. In essence, the bishops and their allies are arguing that they are above the law and their beliefs should be elevated over pressing societal interests.
The political ruckus over the issue has tended to obscure a central fact: the legal case against the policy is remarkably weak. The contraception benefit is plainly constitutional and a proper exercise of government power under Supreme Court precedent and a federal law dealing with exercise of religion.
Next in the colsumn comes a good analysis of existing court precendent and federal law, including Justice Scalia's Smith decision "The justices said the First Amendment’s protections do not mean individuals are free to violate valid laws simply by claiming a sincere religious objection. To 'make the professed doctrines of religious belief superior to the law of the land” would have the anarchic effect of permitting “every citizen to become a law unto himself,' Justice Scalia wrote."
Maybe the gist of the entire issue is here, "The rule does not interfere with church governance, prevent anyone from voicing opposition, or force anyone to use contraceptives in violation of religious beliefs."
Conclusion:
Opponents of the contraception rule claim the fight isn’t about birth control, but religious liberty. It’s about both, though they are right that the battle for religious exemptions goes well beyond birth control coverage — to employment discrimination, zoning, mandated reporting of child abuse, a pharmacist’s duty to fill valid prescriptions and that of hospitals to give life-saving emergency care. And now, the bishops and conservative religious groups are lobbying to get Congress to pass a law that would let any private employer opt out of covering any medical treatment as a matter of faith. That is an outrageous assault on the First Amendment.