5 Responses to DIVERSE ALLIES IN SUPPORT OF RELIGIOUS LIBERTY…. Plus A Detailed Review of This Year’s Unprecedented State Vs Church Confrontation

  1. Congratulations! This was extremely well done!!

  2. kenschneider says:

    Excellent report. Assuming that the individual mandate is found to be constitutional, how might legislation be framed to protect the conscience of religious or other organizations who seek exemption from certain covered benefits? For example, besides opposing contraception and abortion, some religious groups or private companies may regard HIV or other venereal diseases to be a just punishment from God for immoral behavior. Should they be permitted to decline coverage for these or other side effects of VD such as infertility, HPV-related cervical cancer, etc.? Unfortunately, judging by a recent “wrongful life” decision, the courts seem to regard unwanted pregnancy as a “disease” that physicians have a duty to “cure.”.

  3. Ray Noble says:

    Thanks. The Blunt Amendment that was defeated in the Senate had opt-out language for an exemption based on conscience and doesn’t specify which coverage is at issue. The text can be found at http://blunt.senate.gov/public/_cache/files/12ca4c96-d98c-4b37-920a-cdb15edb24d4/S.%201813%20Amendment.pdf

    Hope this helps.

  4. kenschneider says:

    Thanks. It is easy to see that the amendment is overly broad in allowing exceptions that would permit employers to deny coverage for such truly essential services as I enumerated. I guess the only solution short of repeal of the entire mandate would be to limit the Secretary’s discretion and have Congress spell out the permitted exclusions in specific detail. “Contraceptives could be covered only if used to treat hormonal disorders but not to prevent pregnancy.” That would really be getting Congress into the practice of medicine, so that would not fly, either.

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