The Supreme Court hotline is temporarily experiencing heavier than usual call activity. Please wait on the line, and a Justice will be with you shortly. Your Constitutional challenge to the cluster-Fluke known as ObamaCare is important to us. Thank you for your patience:
Catholic archdioceses and institutions filed suit in federal district courts across the country Monday against the so-called contraception mandate, claiming their “fundamental rights hang in the balance.”
The plaintiffs include a host of schools and organizations, including the University of Notre Dame and the Archdiocese of New York. The lawsuits, though related, were filed individually.
The schools are objecting to the requirement from the federal health care overhaul that employers provide access to contraceptive care. The Obama administration several months back softened its position on the mandate, but some religious organizations complained the administration did not go far enough to ensure the rule would not compel them to violate their religious beliefs.
We have tried negotiation with the Administration and legislation with the Congress – and we’ll keep at it – but there’s still no fix. Time is running out, and our valuable ministries and fundamental rights hang in the balance, so we have to resort to the courts now. … It is also a compelling display of the unity of the Church in defense of religious liberty. It’s also a great show of the diversity of the Church’s ministries that serve the common good and that are jeopardized by the mandate – ministries to the poor, the sick, and the uneducated, to people of any faith or no faith at all.
This lawsuit is about one of America’s most cherished freedoms: the freedom to practice one’s religion without government interference. It is not about whether people have a right to abortion-inducing drugs, sterilization, and contraception. Those services are, and will continue to be, freely available in the United States, and nothing prevents the Government itself from making them more widely available. But the right to such services does not authorize the Government to force the University of Notre Dame (“Notre Dame”) to violate its own conscience by making it provide, pay for, and/or facilitate those services to others, contrary to itssincerely held religious beliefs. …
If the Government can force religious institutions to violate their beliefs in such a manner, there is no apparent limit to the Government’s power. Such an oppression of religious freedom violates Notre Dame’s clearly established constitutional and statutory rights.
The First Amendment also prohibits the Government from becoming excessively entangled in religious affairs and from interfering with a religious institution’s internal decisions concerning the organization’s religious structure, ministers, or doctrine. The U.S. Government Mandate tramples all of these rights.
[I]f one Presidential Administration can override our religious purpose and use religious organizations to advance policies that undercut our values, then surely another Administration will do the same for another very different set of policies, each time invoking some concept of popular will or the public good, with the result these religious organizations become mere tools for the exercise of government power, morally subservient to the state, and not free from its infringements. If that happens, it will be the end of genuinely religious organizations in all but name.
The Church has the force of the Constitution behind it, for all that matters. Because, as Professor Obama—sorry, Senior Lecturer Obama—told us: many believe the Constitution is a document of “negative liberties” that is silent on what the government “must do on your behalf”. If a bunch of dead white men didn’t think to order the Roman Catholic Church to sanction and provide for abortions, that’s their problem, not Sandra Fluke’s.
Anyhow, “Obamacare: The Court Case” sounds like it will run longer than Cats!