It may be that the Supreme Court’s pending decision on the constitutionality of ObamaCare will render moot the controversy about whether Catholic institutions can be compelled to pay for practices that they oppose on religious grounds. But no matter how the court rules, the impact of the increasingly nasty effort to discredit the church’s effort to defend itself will still be felt. A good example of how liberals are trying to brand the church’s defenders as “partisans” when the opposite is true, came in the editorial in Sunday’s New York Times that branded the lawsuit launched by church institutions as a “stunt.”
The Times argues that the government’s attempt to compel the church to violate its principles was not a violation of its rights and further claims the inadequate “compromise” proposed by the White House should have silenced their concerns. This is an absurd distortion of the facts, but far worse is the way the Times — following the Obama campaign’s playbook — tries to claim that Catholics seek to impose their beliefs on others. Quite the contrary, it is the government fiat that employees at Catholic institutions are provided with free contraception that is the imposition. The point here is not so much to advance the cause of women’s health — the justification advocates of the government’s position seek to use — but to demonize a faith group that has the temerity to stick up for its rights.
Religious freedom is not just the right to, as the Times puts it, “preach that contraception is sinful and rail against Mr. Obama for making it more readily available” (though in fact, the Church is not seeking to curtail the availability of contraception to the general public). It is also the right not to have its institutions forced to either pay for or facilitate the receipt of services that run contrary to its principles.
It bears repeating that one needn’t share the Vatican’s views on contraception to understand that a government dictat that would coerce churches to dispense it is a violation of their religious liberty. Nor would a so-called “compromise” that would maintain the imposition but shift its cost reduce the threat to freedom. But the fact, as the Times points out, that even most Catholics support contraception does not mean the church and those who agree with it should be stripped of their rights. Allowing their institutions to abstain from providing contraception coverage does not make the church a law unto itself or impose its views on others; it merely leaves them alone. Nor does the government’s obligation to advance a “compelling interest” grant it the latitude to violate those rights. Those who wish to receive free contraception don’t have to work for the church. The idea that a fanciful constitutional right to such services should trump religious freedom is the product of a mindset in which all freedoms can be annulled for the sake of some mythical and unproven greater good.
Far from the church behaving in a partisan manner by imposing the president’s fiat, it is simply standing up for itself against a government that is determined to squelch dissent on the administration’s unpopular signature legislative achievement. The Supreme Court will determine ObamaCare’s fate. But the determined campaign to silence the church and to delegitimize its attempt to defend its rights will resonate for some time.