USA TODAY US Edition

Obamacare must respect religious liberty

- Frank Pavone Father Frank Pavone is the national director of Priests for Life.

With Monday’s order in the case of Zubik v. Burwell, the Supreme Court justices have, in effect, ordered the government to come up with an Obamacare accommodat­ion that does not force religious non-profit groups to violate our faith.

In March, the court heard oral arguments in Zubik, which is a consolidat­ion of seven lawsuits that includes the one filed by the group I lead, Priests for Life. The

Zubik petitioner­s, and scores of other religious non-profit, faithbased charities, colleges and organizati­ons across the country, object to the Health and Human Services mandate because it forces us to be complicit in the distributi­on of items that our faith informs us are evil — including contracept­ion and abortion-causing drugs and devices.

Afterward, the justices took the highly unusual step of asking the parties for supplement­al briefs. The court wanted to know whether the government could come up with a plan that both satisfies its interest in providing insurance for abortifaci­ents, contracept­ives and sterilizat­ion to the employees of religious nonprofit groups and protects those groups’ religious rights.

We petitioner­s responded that such an accommodat­ion was not only possible, it’s also what we’ve been requesting through more than four years of litigation.

The Obama administra­tion, lo and behold, admitted in its response that, yes, although it really didn’t want to issue such an accommodat­ion, it could.

In effect, it admitted that enormous amounts of taxpayer dol- lars spent defending the government’s position and untold resources expended by charities defending religious rights have really been unnecessar­y.

Now, the Supreme Court has ordered all seven Zubik cases back to their respective courts of appeal with the implied message to the government and religiousl­y based groups that, in light of the agreement expressed in the supplement­al briefs, we all should try to work out a solution.

The order is a victory for the scores of other Catholic and Protestant organizati­ons that have sued over the HHS mandate. It’s also a win for the Orthodox Jewish Rabbis, Muslims, Krishna adherents and Native American religious practition­ers who have filed friend-of-the-court briefs in support of our case. Actually, it’s a victory for all Americans.

While we oppose the government’s plan to make abortifaci­ents more available, we object in our lawsuit only to the government’s coercing us into being accomplice­s to its scheme. And “coerce” is not too strong a word. Organizati­ons that fail to comply with the mandate can be fined $100 per employee a day.

In response to the new order, settlement­s might be reached in the Zubik lawsuits — or they will continue. Our cases could even return to the Supreme Court. By then, the presidenti­al election might have passed and the Supreme Court might have nine members. Regardless, the wording of the court’s latest order indicates that the justices, indeed, will be concerned with protecting our religious freedoms.

Newspapers in English

Newspapers from United States