Kyle Duncan, general counsel for The Becket Fund for Religious Liberty, gives us a glimpse of what is ahead in the fight for religious liberty regarding the Obama Administration’s HHS Mandate, given the outcome of Tuesday’s election. In the National Catholic Register, Duncan outlines that current federal lawsuits fall into two broad categories: those filed by nonprofit organizations and those filed by business owners. In the case of the nonprofits,
The federal government has not responded to the merits of these lawsuits, but has instead sought to have them thrown out as premature. The government says that its non-binding promise of an “accommodation” by August 2013 means that the courts should not hear the lawsuits now — even though the mandate is a final rule that is now harming these plaintiffs’ ability to plan, hire and budget.
Unfortunately, in two of the cases (Belmont Abbey and Wheaton), the courts have agreed with the government and dismissed the lawsuits. Those dismissals will be reviewed by the D.C. Circuit Court of Appeals in December.
Because these business lawsuits are not subject to any delays, the government has had to respond on the merits. Its response is startling.The government has flatly stated that a person who goes into business to make a profit loses any right to exercise religion in his business pursuits. A kosher butcher, for instance, would presumably have no religious rights associated with his decision to stock only kosher products. A Bible seller would have no religious rights associated with the sacred texts she is selling.
The profit motive alone dissolves these individuals’ rights to exercise religion. The government apparently wants to enforce its own theology of how God and mammon should mix. But its interpretation would bar individuals from providing for their families in ways consistent with their religious beliefs.