Tag Archives: Conscience Rights

SCOTUS Justice grants stay for some from Obamacare pro-abortion mandate

This article from NBC News reports on a development in some of the cases being brought by Christian organizations against the Obama administration.

Excerpt:

Supreme Court Justice Sonia Sotomayor granted a last-ditch plea from Catholic groups Tuesday night to block a birth control mandate in the new health care law for religious organizations, just hours before it was to have gone into effect.

Sotomayor issued the stay at the request of an order of Catholic nuns in Colorado, part of a larger effort by Catholic-affiliated groups from around the nation to halt provisions of the Affordable Care Act that require companies — regardless of religious beliefs — to provide contraceptives and other abortion-inducing drugs to their employees.

The groups wanted the mandate halted while the court considers a legal challenge, brought by the for-profit company Hobby Lobby, arguing that the requirement violates their religious liberties.

In June, the 10th U.S. Circuit Court of Appeals in Denver waived millions of dollars of fines against Hobby Lobby and a subsidiary, Mardel Christian Stores, which refused to comply with the mandate, writing that the companies were likely to win their claim that requiring for-profit companies to pay for birth control was a violation of religious protections.

The motion for a stay went to Sotomayor as the justice with oversight for the 10th Circuit. She gave the government until Friday to respond.

“Tomorrow, a regulatory mandate will expose numerous Catholic organizations to draconian fines unless they abandon their religious convictions and take actions that facilitate access to abortion-inducing products, contraceptives, sterilization, and related education and counseling for their employees,” the groups said in their request for a stay Tuesday.

The mandate requires companies run by Christians to provide their employees coverage for drugs that can cause abortions  by preventing the implantation of a fertilized egg.

The big case that everyone is watching is the Hobby Lobby case, and they were granted a stay from a federal court back in July of 2013. Their case is headed to the U.S. Supreme Court, where the government will argue that Christians should be forced to subsidize abortion, in violation of their consciences.

Catholic chaplains face arrest for performing mass during shutdown

Todd Starnes of Fox News does a good job of covering the how the secular left infringes on religious liberty in the military.

Check out his latest story. (H/T ECM)

Excerpt:

The U.S. military has furloughed as many as 50 Catholic chaplains due to the partial suspension of government services, banning them from celebrating weekend Mass. At least one chaplain was told that if he engaged in any ministry activity, he would be subjected to disciplinary action.

“In very practical terms it means Sunday Mass won’t be offered,” Archbishop Timothy Broglio of the Archdiocese for the Military Services told me. “If someone has a baptism scheduled, it won’t be celebrated.”

The Archdiocese for the Military Services tells me the military installations impacted are served by non-active-duty priests who were hired as government contractors. As a result of a shortage of active duty Catholic chaplains, the government hires contract priests.

Broglio said some military bases have forbidden the contract priests from volunteering to celebrate Mass without pay.

“They were told they cannot function because those are contracted services and since there’s no funding they can’t do it – even if they volunteer,” he said.

John Schlageter, general counsel for the archdiocese, said any furloughed priests volunteering their services could face big trouble.

“During the shutdown, it is illegal for them to minister on base and they risk being arrested if they attempt to do so,” he said in a written statement.

A well-placed source told me that a furloughed Air Force chaplain was threatened after he offered to forgo pay. The chaplain was told he could not go on base or enter his chapel offices. He was also barred from engaging in any ministry activity.

The source told me the chaplain was told that if he violated those orders he and his supervisor would be subjected to disciplinary action – with the possibility of being fired.

I don’t think anyone should be surprised that the Democrats are hostile to freedom of religion. They are, after all, socialists. Government is more important than religion, and if they conflict, government wins.

Robert P. George: what is religious liberty? what is conscience?

From the Public Discourse, an article that explains why freedom of religion is a human right. (H/T Chris S.)

Excerpt:

In its fullest and most robust sense, religion is the human person’s being in right relation to the divine—the more-than-merely-human source or sources, if there be such, of meaning and value. In the perfect realization of the good of religion, one would achieve the relationship that the divine—say God himself, assuming for a moment the truth of monotheism—wishes us to have with Him.

Of course, different traditions of faith have different views of what constitutes religion in its fullest and most robust sense. There are different doctrines, different scriptures, different ideas of what is true about spiritual things and what it means to be in proper relationship to the more-than-merely-human source or sources of meaning and value that different traditions understand as divinity.

Religious liberty is the ability to use reason and evidence to determine the truth about religion:

For my part, I believe that reason has a very large role to play for each of us in deciding where spiritual truth most robustly is to be found. And by reason here, I mean not only our capacity for practical reasoning and moral judgment, but also our capacities for understanding and evaluating claims of all sorts: logical, historical, scientific, and so forth. But one need not agree with me about this in order to affirm with me that there is a distinct human good of religion—a good that uniquely shapes one’s pursuit of and participation in all the aspects of our flourishing as human beings—and that one begins to realize and participate in this good from the moment one begins the quest to understand the more-than-merely-human sources of meaning and value and to live authentically by ordering one’s life in line with one’s best judgments of the truth in religious matters.

If I am right, then the existential raising of religious questions, the honest identification of answers, and the fulfilling of what one sincerely believes to be one’s duties in the light of those answers are all parts of the human good of religion. But if that is true, then respect for a person’s well-being, or more simply respect for the person, demands respect for his or her flourishing as a seeker of religious truth and as one who lives in line with his or her best judgments of what is true in spiritual matters. And that, in turn, requires respect for everyone’s liberty in the religious quest—the quest to understand religious truth and order one’s life in line with it.

Because faith of any type, including religious faith, cannot be authentic—it cannot be faith—unless it is free, respect for the person—that is to say, respect for his or her dignity as a free and rational creature—requires respect for his or her religious liberty. That is why it makes sense, from the point of view of reason, and not merely from the point of view of the revealed teaching of a particular faith—though many faiths proclaim the right to religious freedom on theological and not merely philosophical grounds—to understand religious freedom as a fundamental human right.

Here’s the definition of conscience – it’s not just autonomy to do whatever you want:

Conscience, as Newman understood it, is the very opposite of “autonomy” in the modern sense. It is not a writer of permission slips. It is not in the business of licensing us to do as we please or conferring on us “the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.” Rather, conscience is one’s last best judgment specifying the bearing of moral principles one grasps, yet in no way makes up for oneself, on concrete proposals for action. Conscience identifies our duties under a moral law that we do not ourselves make. It speaks of what one must do and what one must not do. Understood in this way, conscience is, indeed, what Newman said it is: a stern monitor.

Contrast this understanding of conscience with what Newman condemns as its counterfeit. Conscience as “self-will” is a matter of feeling or emotion, not reason. It is concerned not so much with the identification of what one has a duty to do or not do, one’s feelings and desires to the contrary notwithstanding, but rather, and precisely, with sorting out one’s feelings. Conscience as self-will identifies permissions, not obligations. It licenses behavior by establishing that one doesn’t feel bad about doing it, or, at least, one doesn’t feel so bad about doing it that one prefers the alternative of not doing it.

I’m with Newman. His key distinction is between conscience, authentically understood, and self-will—conscience as the permissions department. His core insight is that conscience has rights because it has duties. The right to follow one’s conscience, and the obligation to respect conscience—especially in matters of faith, where the right of conscience takes the form of religious liberty of individuals and communities of faith—obtain not because people as autonomous agents should be able to do as they please; they obtain, and are stringent and sometimes overriding, because people have duties and the obligation to fulfill them. The duty to follow conscience is a duty to do things or refrain from doing things not because one wants to follow one’s duty, but even if one strongly does not want to follow it. The right of conscience is a right to do what one judges oneself to be under an obligation to do, whether one welcomes the obligation or must overcome strong aversion in order to fulfill it. If there is a form of words that sums up the antithesis of Newman’s view of conscience as a stern monitor, it is the imbecilic slogan that will forever stand as a verbal monument to the “Me-generation”: “If it feels good, do it.”

Where are these rights under attack today? Well, in this country we have situations where Christians are being forced to act like atheists in public in order to avoid offending atheists. The view that Christianity is something that should be kept private because it is offensive to atheists is an atheist view. So what this really is then is atheists forcing their atheism on Christians. You can see atheists attack religious liberty today when valedictorians are forced to hid their true beliefs in order to avoid making atheists feel bad. Conscience is under attack in many places, but one of them is the abortion mandate in Obamacare, which requires Christian business owners to provide their employees with drugs that can cause abortions. So there are very real threats to religious liberty and conscience today. If you value religious liberty and conscience rights, then you should oppose expanding the power of any government that is hostile to those rights.