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I believe (hard for me to totally understand) negates your point. There is a difference between a commercial entity and an individual. In this case, the hospital IS a commercial entity. |
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Hmmm... dunno where the line is there.
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King Obama's Royal Decree on Catholics
thepeoplescube.com "I shall not force Catholics to pay for abortion -- for now. But I do order you Catholics to buy insurance. And I order the insurance company to pay for the abortion." |
There are two parts to the question of whether or not it's a legitimate infringement of the employer's conscience. The first is whether or not there is EVER a legitimate infringement - and the weight of precedent says, yes, there are things that society can ask of religiously-affiliated public entities like hospitals and schools, even if the religion opposes those demands - again, religious conviction is not considered to legally justify racist hiring policies, or to allow for the selective offering of their services. Then, of course, the question is, where does this issue fall on the continuum of what we as a society (and more importantly, our judiciary) consider acceptable infringements of religious liberty in the name of fair and just application of the law.
In this case, the law says that ALL employer-provided insurance has to cover a certain minimum standard of care. And, as it turns out, even 60% of catholics agree that hospitals and schools and other public institutions, regardless of religious affiliation, should be held to the same standard as any other institution or entity in having to comply with that coverage. Merc, if a private citizen owning and operating a college or hospital wanted to refuse to comply with that provision based on their personal faith, they would have no legal standing to do so, the same way they would have no legal standing to refuse to serve customers on a racial basis, even if their religion preached segregation. Why should a religiously-affiliated entity be treated differently? |
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You now, you could dodge this whole issue by abolishing this weird arrangement of having the employer provide health insurance. That has a whole bunch of problems with it.
Employer provides money. Employee uses money to buy health insurance from the organisation of their choice, which may include a government system. |
http://www.dailykos.com/story/2012/0...te?detail=hide
fairly dense reading - almost entirely supreme court opinion quotes - but one that CLEARLY establishes the constitutionality of the decision, pre-compromise. |
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Religious freedom: you can talk to and believe anything your god demands. But you cannot impose those beliefs on anyone else. A church imposing church doctrine on anyone else is discriminating based in religion. That is illegal. Scalia made the point repeatedly. Any relationship between two people is defined by civil laws - not by religion. Unfortunately many give religion liberties it does not deserve. A church is not a god and is not a religion. The church is only a religious consultant. An advisor. Someone that the individual hires to help him with his 'man to god' relationship. BTW, this is the same church that said an organ transplant is a mortal sin. Ordered all people to not have organ transplants (after the first organ transplant - a kidney donated to his twin brother). The pope can deny himself a transplant if that is his religion. But the pope cannot impose his beliefs on anyone else - as Scalia notes. Religion must not exist beyond a 'man to god' relationship. |
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