Obamacare Mandate Violates Constitution, Religious Freedom

Conservatives warned from the beginning that President Obama's health care plan was a case of massive government overreach that would restrict health care choices, jeopardize individual freedom and expand government control over personal decisions. However, many never imagined that Obamacare mandates would end up blatantly trampling religious freedoms.

Outrage is widespread and justified over the Obamacare requirement forcing faith-based employers to provide coverage for contraceptives, sterilization procedures and abortion-inducing drugs. With its many charitable institutions, schools, universities and hospitals, the Catholic Church has been the focus of much of the debate surrounding this issue. But Americans of all backgrounds, religious beliefs and political persuasions have been speaking out in opposition to the Obama administration's effort to compel religious institutions to act against their moral beliefs.

The protest is so forceful because Americans instinctively understand the danger of this policy. First it was the individual mandate, which would force Americans to purchase health insurance or pay a fine. Now, Washington bureaucrats are dictating the type of coverage employers must provide even if it goes against their conscience. In both cases, Obamacare interferes with the rights of individuals to exercise their own judgment and values in making health care decisions.

The refusal of the Obama administration to exempt religious institutions from the contraception mandate brings the reality of government-run health care home in an especially troubling way. The First Amendment explicitly protects citizens from any government attempt to prohibit the free exercise of religion. There is no question that the Obama administration decision violates this fundamental and cherished right that forms the foundation of our freedoms and American identity. The White House is ordering faith organizations to either defy their religious beliefs or face punishment in the form of a substantial fine. This is not only unconscionable but patently unconstitutional. Furthermore, the potential for further erosion of liberty in the future is very real. As conservative columnist Ross Douhat writes, "Once claimed, such powers tend to be used in ways that nobody quite anticipated, and the logic behind these regulations could be applied in equally punitive ways" by other presidents and in other situations.

Even prominent Democrats, such as former Democratic National Committee Chairman Tim Kaine have publicly spoken out against the mandate, as have Catholic advocates who worked with the Obama administration to pass the health care bill.

The Obama administration's belated attempt to amend the requirement does not go far enough and has already been rejected by the U.S. Conference of Catholic Bishops. House Speaker John Boehner pledged that Congress will take action to overturn the rule if the president does not reverse the decision. In a speech on the House floor, Speaker Boehner stated, “This attack by the federal government on religious freedom in our country must not stand, and will not stand.” The Speaker vowed to address the issue "fairly and deliberately, through regular order and the appropriate legislative channels."

I will fully support efforts in Congress to prevent the Obama administration's abuse of First Amendment rights. This is not a debate about health care or contraception. It is an issue of basic religious freedom, which must be defended.