Tag Archives: Conscience

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.

Hobby Lobby granted temporary injunction from Obamacare abortion mandate

The Daily Caller reports.

Excerpt:

A federal appeals court granted The Hobby Lobby Stores, Inc. a preliminary injunction against the Obamacare contraception mandate, Friday.

The ruling prevents the government from enforcing the mandate against the Christian craft company, which has resisted the healthcare law’s requirement that companies provide employees health care plans that cover contraception on religious grounds.

In a decision read from the bench the court ruled, “There is a substantial public interest in ensuring that no individual or corporation has their legs cut out from under them while these difficult issues are resolved.”

The Becket Fund for Religious Liberty, which is representing Hobby Lobby, considers the ruling to be a major victory.

“We were extremely pleased that the court granted [the preliminary injunction],” Adele Keim, a an attorney with the Becket Fund on the Hobby Lobby’s case said in an interview with TheDC. She explained that the Justice Department has until September 25 to decide whether to appeal the ruling.

“The tide has turned against the HHS mandate,” Kyle Duncan, general counsel with the Becket Fund and lead attorney for Hobby Lobby, said in a statement.

If the government were to enforce the mandate against the Hobby Lobby, failure to provide contraception in their plans would cost the company $1.3 million a day in fines, according to the Becket Fund.

There are currently 63 lawsuits challenging the contraception mandate, according to the Becket Fund.

The Weekly Standard had an article about the Obamacare abortion mandate a while back.

Excerpt:

As of August 1st of next year, the morning-after pills that must be provided free of charge, from coast to coast, will include Plan B and ella. Both drugs arguably act, in part, as abortifacients — by keeping a fertilized egg (or a newly conceived being) from implanting in the uterine wall. (“Pregnancy” is no longer medically defined as commencing with conception, but days later, at implantation.) None other than Planned Parenthood — a favorite of President Obama — admits that taking a morning-after pill not only helps prevent ovulation but also “thins the lining of the uterus,” adding, “In theory, this could prevent pregnancy by keeping a fertilized egg from attaching to the uterus.”

[…]CBS News notes ella’s “chemical similarity” to RU-486 (which will not be “free” under Obamacare). The New York Times describes it as being RU-486’s “chemical relative.” The Washington Post describes it as being RU-486’s “close chemical relative.” WebMD says that it works to prevent the implantation of a fertilized egg — in other words, as an abortifacient.  Dr. Justo Aznar writes that between 50 percent and 70 percent of the time, ella “will act by an abortive mechanism.” The European Medicine Agency acknowledges that the drug has the “ability to delay maturation of the endometrium likely resulting in prevention of implantation.”

Far from denying that ella can prevent implantation of the fertilized egg in the womb, the FDA observes that it could potentially cause an abortion even later.  It notes that there “are no adequate and well controlled studies in pregnant women” pertaining to ella, while the drug has been found to cause abortions in pregnant rats and rabbits:  “Embryofetal loss was noted in all pregnant rats and in half of the pregnant rabbits,” the FDA declared.

Jeanne Monahan of the Family Research Council writes that, like RU-486, ella not only works to prevent implantation but also causes embryos to be aborted post-implantation. She writes, “Plan B can prevent an embryo from implanting in the uterus, thereby causing its demise.  However, Plan B cannot terminate an already implanted embryo…. Ella can cause the demise of an embryo that is already implanted in its mother’s womb, in addition to preventing implantation after fertilization.”  Dr. Rich Poupard of the Life Training Institute (who doesn’t think that Plan B likely acts as an abortifacient) says that “ella is basically RU-486.” He explains that both drugs act to block implantation, and, if implantation does occur, they act to prevent progesterone from adhering to the uterine lining, thereby denying the embryo the nutrients it needs to survive.

Obamacare forces pro-life individuals and businesses to subsidize abortions.

Weekly Standard podcast on Sebelius vs Hobby Lobby

The Weekly Standard has a great podcast that covers fiscal, social and foreign policy issues from a conservative perspective.

Excerpt:

THE WEEKLY STANDARD podcast with the Becket Fund’s Adele Keim on the Hobby Lobby v. Sebelius case.

This podcast can be downloaded here. Subscribe to THE WEEKLY STANDARD’s iTunes podcast feed here.

THE WEEKLY STANDARD would like to thank The Becket Fund for Religious Liberty and Adele Keim for joining us.

Fox News has a report.

Excerpt:

In the most prominent challenge of its kind, Hobby Lobby Stores Inc. asked a federal appeals court Thursday for an exemption from part of the federal health care law that requires it to offer employees health coverage that includes access to the morning-after pill.

The Oklahoma City-based arts-and-crafts chain argued that businesses — not just the currently exempted religious groups — should be allowed to seek exception from that section of the health law if it violates their religious beliefs.

The arguments Thursday centered on the Green family, founders of Hobby Lobby Stores Inc. and a sister company, Christian booksellers Mardel Inc. An eight-judge panel peppered both sides with questions about whether the contraceptives mandate is an undue burden on the Greens’ religious belief.

The Greens contend that emergency contraception is tantamount to abortion because it can prevent a fertilized egg from implanting in the womb. They also object to providing coverage for certain kinds of intrauterine devices.

Hobby Lobby’s lawyer argued that the Greens shouldn’t face fines for not complying with mandatory contraceptive coverage simply because their business makes a profit. The stores are a “profit-making company, yes, but also a ministry,” Kyle Duncan argued.

Duncan cited the Citizens United campaign-finance decision that said corporations have constitutional protections.

“We don’t say, well, a corporation can’t exercise a right because it’s in corporate form,” Duncan said.

“Is religion the kind of right can only be exercised by a natural person? Well, the question nearly answers itself. … It’s not a purely personal right.”

In other news, voters support the repeal of Obamacare by a 22-point margin, which is increasing as more and more of the law is actually implemented. Too bad we did not vote to defeat Obama by a 22-point margin last November.