Mark the Date

Richard A. Sokerka

March 23 is a date that will be important to religious freedom in this nation. On that date, the U.S. Supreme Court is scheduled to hear the Little Sisters of the Poor case in Zubik v. Burwell — a case that also includes several other ministries. It is a religious freedom case that will most certainly have far reaching consequences when the decision is handed down by the highest court in the land.

At issue is a mandate from the Department of Health and Human Services (Obamacare) requiring employers to offer health plans covering free contraception, sterilization and some drugs that can cause early abortions. The Obama administration established narrow religious exemptions for houses of worship and their affiliated groups, but many religiously affiliated charities, non-profits, and businesses that morally objected to the mandate were required to abide by it. If the Little Sisters do not comply, they could face draconian fines in the neighborhood of $70 million per year from the government.

In response to lawsuits from hundreds of plaintiffs, the administration later offered an “accommodation” to certain objecting religious non-profits, under which they could notify their insurer of their conscientious objection, and the insurer would then fund the coverage. However, financial costs for the objectionable coverage would still be passed on to the employers, like the Little Sisters, and they would still be forced to act against their religious beliefs by having to pay for access to the services.

The Little Sisters of the Poor have dedicated their lives to living with and caring for the elderly poor. They have been focused on service, not advocacy or policy, and, in this case, they’ve exhausted every option possible to protect their religious freedom before going to court.

Pray for the Little Sisters of the Poor and for the Supreme Court justices that they see the Obama administration is violating federal law by speaking for the Little Sisters of the Poor in saying that their “accommodation” is compatible with their religious beliefs. Nothing could be further from the truth.