HHS ‘religious employer’ definition changed? (updated)

It would be hard to find a city in American that contains more historic Catholic ministries than Baltimore. Thus, there are quite a few people here in Charm City who are involved in the legal warfare over the Health and Human Services mandate requiring most religious institutions to offer their employees, and students, health-insurance plans covering sterilizations and all FDA-approved contraceptives, including “morning-after pills.”

In particular, the historic Baltimore suburb of Catonsville includes a group linked to a highly symbolic ministry caught up in this church-state fight. There is a good chance that, eventually, the U.S. Supreme Court could hear a case that literally would be called The Little Sisters of the Poor vs. Kathleen Sebelius.

The Baltimore Sun team has to cover this group, of course. Today’s tiny Christmas Eve Eve edition includes an A1 report that is surprisingly good — except on one of the most crucial facts linked to this case.

The key, of course, is the unique three-level approach to religious liberty that is being used by this White House. The Sun team knows that the Little Sisters of the Poor are caught in the middle, between the for-profit companies that are fighting the mandate (think Hobby Lobby) and the churches and strictly denominational organizations that have been granted conscience-clause exemptions.

To its credit, the story includes — in addition to logical pro-White House sources — this strong passage, with a logical voice of authority, on the viewpoint argued by the Sisters:

Although dozens of for-profit and nonprofit employers have filed lawsuits over the requirement, the Becket Fund says the Little Sisters’ lawsuit was the first of its kind because it could potentially affect hundreds of nonprofit Catholic ministries. Baltimore Archbishop William E. Lori said the Little Sisters’ service is “unmistakably a work of religion” and said the issue is one of religious liberty that could affect all religious people, not just Catholics.

“The government is drawing lines where the church does not draw them,” said Lori, chairman of the U.S. Conference of Catholic Bishops’ Ad Hoc Committee for Religious Liberty. “We see serving the poor, educating the young, healing the sick, as a natural outgrowth from what we believe and how we worship. And so we believe that all of these ministries should be exempt.” …

Planned Parenthood characterizes the law’s religious exemption as expansive and says it will allow 350,000 churches, religious schools and houses of worship to get out of the requirement. At issue in this Little Sisters of the Poor case is whether groups that don’t fall under that exemption should be counted as “religious employers.”

Like I said, this is a pretty good report and it did appear on A1. So what is the problem?

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Hey, LA Times, there’s more to HHS fight than Hobby Lobby

First things first: I have to admit that I almost choked on my diet cherry cola when I read the double-decker headline on this Los Angeles Times news feature about the next round of cultural warfare at the U.S. Supreme Court. Ready? You have been warned:

In new term, Supreme Court may steer to right on key social issues

The Supreme Court’s conservative bloc has a clear chance to shift the law to the right on abortion, contraception, religion and campaign funding

Now, faithful GetReligion readers will know that — as a pro-life Democrat — I am not pleased when journalists slap simplistic religious or political labels on people. In particular, it is often important to separate religious doctrine from political beliefs. When covering Republicans, it is also crucial to grasp that there are people who are conservative on economic and openly political issues, while veering to the left on moral and cultural issues. This familiar name leaps to mind: Justice Anthony Kennedy.

So I understand that, on some issues, the current high court does contain five people who from time to time form a “conservative bloc.” But does this court really contain a “conservative bloc” when addressing moral, cultural and religious issues?

To understand my main problem with the content of this story, it helps to see the framing. Let’s get started:

If the justices on the right agree among themselves, they could free wealthy donors to give far more to candidates and parties and clear the way for exclusively Christian prayers at local government events.

Wait, what’s with the “clear the way” language? Isn’t the issue whether citizens, under the First Amendment, can CONTINUE to offer prayers that contain exclusively Christian images and language? I mean, I hate to break this to folks on the left coast, but lots of folks have been using Trinitarian language in public prayers in the American heartland for a long, long time. This is news? The issue is whether the state has the power to forbid, control or at the very least edit this form of speech.

Back to the story’s overture and the passage that sure as heckfire caught my attention:

By next spring, the justices are likely to revisit part of President Obama’s healthcare law to decide a religious-rights challenge to the requirement that large private employers provide their workers with coverage for contraceptives. Dozens of employers who run for-profit companies have sued, contending that providing health insurance that includes a full range of contraceptives violates their religious beliefs.

Yes, it is possible that the court will take a second look at the fine details in that healthcare law. We know that because one of its most liberal members dropped a hint about that in her written opinion in support of the “individual mandate” plank in the Health and Human Services regulations.

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