Harassing Little Sisters of the Poor Again
By Howard Sierer
It takes a lot of chutzpah to drag an organization with a name like Little Sisters of the Poor into court. The Little Sisters have served the elderly poor worldwide without regard to race or religion since 1839.
Mounting yet another attack on religious freedom, the Democratic governors of Pennsylvania and New Jersey insisted that the Little Sisters provide birth control to their employees, prohibited by their Catholic faith. The Supreme Court said “no” in 2016 but the governors are like puppies that refuse to let go of a sock.
They argue that it’s the principle of the thing. The Little Sisters would agree.
You may be surprised to learn that Obamacare legislation does not require employers to provide birth control. Instead, it only requires insurance plans to include cost-free access to preventative care of all kinds “as provided for” in subsequent regulations.
Unsurprisingly, the Obama administration included the birth control mandate in its regulations. The Little Sisters took their case all the way to the Supreme Court in 2016.
They pointed out that the Obama administration had “grandfathered” health plans that don’t include birth control offered by ExxonMobil, Chevron, Visa, and PepsiCo among others along with a plan offered to the country’s military. In total, one-third of Americans had plans that did not offer contraception.
In its 2016 ruling for the Little Sisters, the court voided fines that had been levied and ordered the administration to find a compromise that respected sincere religious beliefs. The Trump administration complied, issuing a new regulation exempting employers with religious objections to contraceptives.
Claiming that the new regulation is “too broad,” Pennsylvania and New Jersey anti-religious zealots trotted out their previous argument that the regulation would prevent women from receiving an essential service.
That argument failed four years ago and failed again this last summer: birth control – contraceptive pills, abortifacients, et al – are already available to all women in any economic circumstance from a variety of sources. The federal Title X Family Planning Program is available to low-income families and all Obamacare plans include contraceptives. Nurx and Planned Parenthood will deliver them to your door.
In finding for the Little Sisters a second time, the Supreme Court stated that the administration’s exemptions were issued with the proper “statutory authority” and that their implementation was “free from procedural defects.”
The Court’s ruling was split 7-2 with diehard liberals Ruth Bader Ginsburg and Sonia Sotomayor dissenting, once again ignoring the law and instead voting their personal preferences. Liberal justices Elena Kagan and Stephen Breyer supported the majority decision but made it clear that a future administration could reverse the regulation, inevitably sending the Little Sisters back to court a third time.
And that’s exactly what Joe Biden has promised to do. “I will restore the Obama-Biden policy that existed before the… ruling,” Biden said. This promise – or threat – is one of a number of clear-cut choices facing voters in November.
I’ve championed religious freedom in a number of previous columns. In doing so, I reminded readers that the first right stated in the First Amendment reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”
Likewise, the federal executive branch can’t promulgate regulations “prohibiting the free exercise” of religion as the Obama administration was reminded by the courts on a number of occasions. Joe Biden’s promise threatens to reignite the long-standing battle between liberals and the Constitution.
The left claims to champion diversity. I’m still waiting for an explanation as to why that diversity doesn’t include people of faith.
It’s well past time to let the Little Sisters return to their charitable work for the poor.
Viewpoints and perspectives expressed throughout The Independent are those of the individual contributors. They do not necessarily reflect those held by the staff of The Independent or our advertising sponsors. Your comments, rebuttals, and contributions are welcome in accordance with our Terms of Service. Please be respectful and abide by our Community Rules. If you have privacy concerns you can view our Privacy Policy here. Thank you!
Click here to submit an article, guest opinion piece, or a Letter to the Editor
The problem is some religious institutions are just corporations that make money. Separate the $$$$$ from faith and we are in agreement. The question is where do you draw the line in the sand. Example – refusal of life saving blood transfusions vs. the efficacy of a baby living a full life into adulthood. There is a boundary – but who gets to decide what is right or what is wrong. Unfortunately religious institutions have a poor track record of doing the right thing until it hits their bottomline. There is no answer from a political perspective. Spiritually you cannot go there either. But hey – well written, but ignores reality in lieu of the human condition. (not a criticism by the way)
I fail to see how employees being provided birth control in any way threatens the “Little Sisters” ability to practice their religion. Based on your argument then, should Jehovah’s Witnesses who own business’ be allowed to deny their employees access to blood transfusions, and Scientologists be allowed to deny their employees access to psychiatric treatment?
See my reply below.
Thanks for your thoughtful comment. The Little Sisters do not and cannot deny their employees access to birth control products and services. But the Sisters have a “sincerely held” religious conviction against paying for and hence providing access to birth control. As the column points out, their employees have ready and unrestricted access, just not in their employer-provided health insurance.
All health insurance plans have restrictions on services they provide; for example, few cover sex change operations. Read the fine print on your health coverage.
Those considering employment with the Little Sisters are fully aware of the health insurance benefits available to them before accepting a job.