The Supreme Court could have settled the question of whether federal bureaucrats may issue punishing, perhaps incapacitating, fines to faith-based organizations that refuse to participate in what we believe to be evil. Instead, the justices sent all of the cases in Zubik back to the four federal circuit courts that heard them first. The high court also asked those appeals courts to step away momentarily and give the two sides time to resolve the case on their own.
What will the administration do now? The White House’s latest “accommodation” proposal for religious nonprofit charities, schools and other organizations did not satisfy the Religious Freedom Restoration Act. The proposal and each of its previous versions required faith-based groups seeking an exemption from the mandate to submit a form to an authority. Without this initiating action, abortion-causing drugs would not be made available to our employees. The basic requirement that we be complicit in the provision of abortifacients and other life-denying drugs, devices and procedures was a part of every government proposal. When we responded that we are forbidden by our faith to take part in this scheme—the government effectively retorted, “So what?
But both sides in Zubik have told the Supreme Court that a solution is theoretically possible.
For instance, the administration could, for once, actually listen to the Zubik petitioners—and to the scores of other faith-based groups that have lawsuits pending in lower courts—and propose a solution that does not hijack our health-insurance plans. The administration could, for example, make abortifacient/contraceptive coverage available to religious nonprofit employees through the ObamaCare exchanges, Title X (the federal program devoted to family-planning services), or separate arrangements with our own or another insurance company. In other words, don’t involve us, or the health-insurance plan we offer our employees, in the effort to expand coverage of abortion-inducing drugs.
The administration might be tempted to come up with a proposal that satisfies only those groups that have third-party insurance coverage—and not those that self-insure. This wouldn’t be acceptable, because self-insurers underwrite their own health-insurance plans and are, practically speaking, their own insurance companies. A government “accommodation” that offered as its only option a requirement that insurers of religious nonprofit groups offer the employees of those groups separate plans for abortifacients and contraceptives would still force self-insured religious groups to violate their faith.
Read the entire article in The Wall Street Journal: http://www.wsj.com/articles/waiting-for-obama-on-religious-liberty-1465163311