Victory in court

Richard A. Sokerka

The Little Sisters of the Poor scored quite the victory May 16 when the U.S. Supreme Court unanimously protected them from unjustly harsh government fines and recognized that the Obama administration does not need the Little Sisters to provide abortifacients in the health coverage they offer. The Court also noted the Obama administration finally has admitted what it should have admitted before going through a protracted court battle — that it could indeed meet its goals to distribute contraceptives without involving the Little Sisters in the process.

“The Court has accepted the government’s concession that it can get (abortion) drugs to people without using the Little Sisters. The Court has eliminated all of the bad decisions from the lower courts,” according to Mark Rienzi, senior counsel at The Becket Fund for Religious Liberty, which represented the Little Sisters. “And the Court has forbidden the government from fining the Little Sisters — even though they are refusing to bow to the government’s will.”

The government already exempts 1 in 3 Americans from the HHS mandate. It also exempts large corporations such as Exxon, Visa and even the government’s own military family plan. A total of 100 million Americans are exempt from this regulation — but until the Supreme Court’s ruling the Obama administration had steadfastly refused to exempt the Little Sisters and many other Catholic non-profits, despite the fact that distributing contraceptives and abortifacients in their health care plans is, and always will be, against their religious beliefs.

It was hoped the Supreme Court decision would have affirmed the religious liberty issues that were central to this lawsuit in the first place. After all, the government has no legal right to decide that a religious institution is not legitimately of that particular faith if it employs or services others who are not of their faith.

But make no mistake about it; this is a victory the Little Sisters share with people of all faiths.