When is a religious group not religious enough for the government? When it conflicts with the government’s agenda.
After the launch of Obamacare, the Department of Health and Human Services (HHS) had to determine which employers would get a religious exemptions to the their contraceptive mandate. Instead of relying on factors such as an employer’s religious character, they chose instead to rely on tax law.
This was a rather peculiar decision since, as Carrie Severino notes, “Throughout the long history of taxation in the United States, the tax-writing committees of Congress have generally tried to avoid entangling the Internal Revenue Service in First Amendment religious considerations.” Peculiar, but not accidental. Through the Freedom of Information Act Severino obtained internal government emails that revealed the Obama administration debated how to exclude certain religious organizations from the mandate: