Is it a “fetus,” or is “it” a Person?
There seems to be a dedicated group of abortion advocates who don’t care about human life, except, perhaps, their own.
I am not saying that everyone who thinks abortion should be legal falls into this category. But I have no other way to characterize people who would oppose the requirement that babies who survive an abortion be given medical care.
What am I supposed to say about these people?
One of Public Catholic’s readers went all apoplectic over Obama’s Lowest Moment in the 2008 Campaign. He denounced Infant Born Alive Acts as “garbage” and “thinly-veiled” attempts “to encroach on Roe v Wade.” Then, I guess to add what he thought was the cherry on top this little statement, sputtered at me to get out of the Democratic Party.
Not only is he confused about the Democratic Party — (It’s not an invitation-only private club run just for him.) — but his grip on what the Infant Born Alive Acts are about is tenuous, as well.
The video below is a sweet reminder of what Infant Born Alive Acts are addressing: The human lives of real human beings.
President Obama used his power as a committee chair in the Illinois State Senate to repeatedly kill the state infant born alive act.
It’s significant that he did that as a committee chair, because that means he just about had to have read the bill. It’s also significant that he did it repeatedly, because that eliminates the possibility that he made some sort of mistake and voted in a way he didn’t really intend.
He did it.
And he knew he did it.
But when State Senator Obama evolved into United States Senator Barack Obama and then further evolved into presidential candidate Obama, this action in the Illinois state senate started to be a bit of a problem. But then, maybe it didn’t.
In this interview, Candidate Obama does a fine job of hair-splitting and turning the tables on his accusers, and the reporter lets him get away with it.
The trouble is that he’s lying.
This is an audio of the Illinois Senate debate on this Infant Born Alive Bill. Listen closely because there are several points here that you need to understand:
1. The explanation of the bill shows flat-out that candidate Obama’s contention that this will would “overturn” Roe v Wade is claptrap.
2. The questions State Senator Obama raises show that he knew this. Notice that he focuses on the State Medical Association’s opposition to the bill and the “rights” of the woman, not overturning Roe vs Wade.
3. It certainly sounds like he opposed allowing a baby who survives an abortion to be required to get medical care.
For those who want to see it, here is the complete text of the bill:
The point, for the purposes of this particular blog post, is that our President lied to the American people about his own record during the 2008 campaign. His claims that “no doctor” would allow a baby born alive after an abortion to die without medical care might be a symptom of naiveté, except for one thing. State Senator Obama, as part of his duties as committee chair, heard testimony on the bill from this woman:
Is this Candidate Obama’s lowest moment in the 2008 campaign? I think so.
The Christian Bashers Defense team has pretty much taken over the comboxes on my recent post Constitutional Rights for Me, But Not for Thee.
They are as predictable as mosquitoes. Just say something really true about their behavior, and they show up, armed to buzz bomb you until you go inside and close the door.
In this instance, I asked the simple question: Do Constitutional rights apply to Christians the same as everybody else?
The answer should seem obvious. But of course it’s not. The reason it’s not is the bullies who want to limit other people’s rights always get mad and deny what they are doing when someone calls them on it. They do it every single time.
We’re all supposed to join them in their pretense that there’s nothing discriminatory or offensive in their attempts to drive Christians from the public square. No one is supposed to challenge their idiotic pretense that using government controls to limit the free exercise of religion in this country is actually a push for freedom, instead of the tyranny that it is.
If we can’t be agree with them, they want us to sit down and be quiet and stop contradicting them. If we don’t, well then, they’ll scream and shout until everybody gives up and lets them have the day.
It has always been thus. People who do things like this always deny it, and they always get mean when someone calls them on their facile denials.
That’s why this particular post ended up being dive-bombed by a whole troupe of angry combox mosquitoes. Even though the readership of this blog is heavily — and I mean heavily – Christian, the Christian defenders were outnumbered. In fact, only three stalwart souls tried to stand up for Christ in these arguments. In the end, it got down mostly to one stubborn Christian, who is hanging in there to this very moment.
For all that, this lone fellow managed to push the whole mosquito assault into a slow unwinding of their lies until, one of them just came out with it.
And I quote:
I just can’t face writing about Christian persecution today, even though that’s my usual Friday practice. I’m going to delay it until tomorrow.
I want to talk about Cardinal George, instead.
Cardinal George’s cancer recurred late last summer. I read in February of this year that he had been given a clean bill of health and was cancer-free.
I have no idea why, but just out of the blue I’ve been getting this impulse to pray for him. It’s like a soft little dinging in the back of my mind.
I don’t know if it has anything to do with his health. All I can say is that I almost never think about Cardinal George. Because it’s so odd for me to suddenly feel that I should pray for him, I am assuming that for reasons I don’t know and may never know, he probably needs a little extra prayer.
I’m passing this along to the rest of you so that you can join me in saying a Hail Mary for the Cardinal now and again.
In the video below, he is discussing the HHS Mandate.
At one point he talks about the “definition” being so narrow. I believe that he is referring to the definition of religious institutions as it is used in the HHS Mandate, and not the First Amendment. Among other things, the Obama administration has been trying to narrow the meaning of “religious freedom” to only include the freedom to attend services in “places of worship” and behind the closed doors of our homes.
This should be anathema to any freedom-loving American, irrespective of their religious beliefs or lack of belief.
Here is Cardinal George:
It is, in that grand Public Catholic tradition, roast and toast Rebecca time.
Get out your flame-throwers and pitchforks folks. I’m going to talk about the two political parties.
There are little g gods. And then there are little g gods.
No little g god I’ve talked about on this blog draws quite the high octane, teeth-grinding I’ll-poke-a-stick-in-your-eye, flat-out mad as when I tell people that their political parties suck. When I pour on the gasoline and say things like they are both corrupt and you can not follow Jesus and follow either political party, I get walking-off, a pox-on-your-house-Rebecca disgust.
The reason, I believe, is that we want an easy way out of our responsibility as Americans and Christians to engage the larger culture for Christ. When engaging that larger culture includes the rough and tumble world of politics, we really start scratching around looking for an easy way out. We want a pass. A haiku. A some little something to do that will make us feel good while we don’t risk much.
We don’t want — all of us, including me — to go out there and take the hits that come from engaging the world, including our political parties — for Christ.
Our problem is that the real Jesus, as opposed to the Hallmark Card Jesus, was a trouble maker. And He still is. Stick with Him in party politics, and you’ll end up getting booed and called names and probably nobody will eat lunch with you or talk to you. It will be time out in grade school all over again if you try even a little bit to follow Jesus first in the context of party politics.
Nobody wants that. It hurt when we were kids. And it still hurts now that we’re grownups.
What we want — and we are willing to go along with just about any craven lie or manipulation of our consciences to get it — is a safe place where we can just vote straight party a few times a year and then shoot self-righteous arrows at all those fallen folks in the Other Party, which, we are sure, is the devil.
The truth is, boys and girls, as American Christians we have the power to affect how these political parties behave. But doing that means we have to do a few things. We have to,
1. Get up off our duffs and get involved in party politics at the local level.
2. Accept the fact that if we truly follow Jesus, we are going to be unpopular, whichever party we join.
3. Stand for Christ even though we will get hit with brickbats and name-calling.
Deacon Greg Kandra wrote about Bishop Tobin of Providence, Rhode Island, who recently made an announcement that he’s switched from Democrat to Republican. His reasons are sound ones. In fact, I know exactly how he feels. The Democratic Party, at least at the national level, has become the party of abortion. It is also the party of gay marriage, embryonic stem cell research, and a number of other horrific things.
If the good bishop feels that he can’t abide all this and wants to change his D to an R, I say go for it. However, if he’s got some idea that the Rs are going to be a safe haven where he can peacefully abide and get glad-handed and sucked-up-to without challenges to his leadership as a bishop, he’s living in fantasyland.
Oh, he’ll get all the glad-handing, back-slapping and suck-uppage anyone’s heart could desire. But the no-challenges-to-his-leadership-as-a-bishop will only come if he hands over the keys to the party leadership and walks their wide and smooth way.
My hope is that in all his newfound enthusiasm for political engagement he doesn’t sell out the farm to this party. He’s supposed to speak for Christ, and that means he needs to make sure that he doesn’t end up toadying to the Rs.
I’ve seen, up close and personal, how the Rs treat their toady clergy. My message to the bishop: You don’t want to be them. Not only that, but you can’t be them if you want to be who the Church says you are.
There is plenty to address in the Rs economic and military policies that would keep the good bishop busy being a bishop and not a party stalwart, if he wants to do it. There’s also quite a bit he could do to get them off high center on some of the things that make Christians register R in the first place, such as life, family and religious freedom.
That said, anyone who is a D (like me) really does have their work cut out for them. If the Rs co-opt traditional Christianity and its religious leaders, the Ds are at war with them.
I could go on and on about HHS Mandates and gay marriage and falling down before the idol of Planned Parenthood, but you know the story. The point is, the official Democratic Party has lost its soul. It no longer even pretends otherwise.
In my opinion — and this invariably raises combox ire — you can and will take this country and yourself both right down to hell by following either political party blindly. I also think that weak-as-water Christians have brought a lot of this trouble on us all by going along with their parties rather than following Christ.
Here’s the truth of it: There are plenty of Christians in both the Democratic and Republican parties, at least at the county and state level. But they’ve sold out Christ for the party line. They won’t stand up for Jesus because they want to be friends and pals with their other party faithful buds. They convince themselves to believe the drivel that these people talk, and the seriously evil drivel that sold-out, fallen religious leaders say to excuse the sinfulness of the party.
There are a ton of sold-out, fallen religious leaders in both political parties. Go to any party convention, and you’ll see them there. They don’t speak for Christ when Christ’s teachings contradict the party’s teachings. Instead, they give tortured explanations about how Jesus really agrees with the party. They don’t use their prophetic and moral voice as religious leaders to speak for the light. They use them to give excuses for the darkness.
These preachers have sold Jesus, and they’ve sold Him cheap: To be part of the R or the D.
I often — and I mean often — hear Christian people go on and on about “how can anyone be part of a party that is pro abortion” or whatever bad thing the Ds espouse. They do this right in front of me, as if they’ve forgotten than I am a rather public and unapologetic D. If I say anything, they tell me “Oh, you’re not like the rest of them.”
And they’re correct in that. I’m not “like the rest of them.” I try my best to do that thing which I believe down to the core of my political being that politically inclined people must do as their part to save this culture. I engage the party from a Jesus-first position.
That is what I am trying to get the readers of this blog to do. Engage your political party with a Jesus-first outlook.
Stand. For. Jesus.
Not the R or the D.
There is nothing wrong — and I mean nothing — with being part of either political party, if you go into it with that attitude.
In fact, I would say that there is something exactly right about it.
Jesus told us to be the light of the world. But party faithful are faithful to the party first. Political Christians, whether they are R or D, almost always end up hiding their light under the party loyalty bushel.
My note to Bishop Tobin is that if he’s looking for God in a political party, he needs a new road map. He’s already in the place where people can find God, and that’s the Catholic Church.
I do not mean to say or imply in any way that Bishop Tobin should not be engaged in America’s political struggle. I back the bishops completely in what they are doing. But this nation is lost first in its soul. All the other things are just symptoms of that deep soul-sickness.
We need religious leaders who will equip the laity to fight the political battles by teaching and leading us in the Way of the Cross. The Church has the answer already and that is Christ and Him crucified. That, and not the R or the D, needs to be his message.
In America, almost nobody has read the Constitution.
Everybody is a Supreme Court justice.
Americans tend to regard the Constitution in much the same way they do God: As a true and absolute reflection of themselves. Americans think that God is made in their image, and they also think that their Constitutional rights are exactly what they want them to be. They include in this, oddly enough, the fact that those Constitutional rights do not belong to other Americans, but to them, or at most, their group, alone.
This willingness to abrogate the rights of other people on the basis of self-serving and entirely bogus Constitutionality is not only false, it is of fairly recent origin. It is also concentrated in the arguments of a few groups of people that I call (paraphrasing Mary Ann Glendon) “rights talkers.”
I don’t remember reading anything Martin Luther King, Jr ever said that implied that the Constitution did not apply to white people, native Americans, or anyone, for that matter. His arguments were based on the idea that the Gospels of Christ, the Declaration of Independence and the Constitution applied to everyone.
His method of arguing his case elevated the debate of this whole nation. He made us better people by what he said and what he did.
But Martin Luther King was a great man and a Christian man who found his primary and basic claim to the humanity of all people first and foremost in the Gospels of Christ.
That is a transcendent difference between him and the rights talkers of today.
I think the change began with abortion.
There is no possible way that anyone can argue for the “right” to commit wholesale slaughter against a whole class of people without totally nullifying the basis of Martin Luther King’s arguments. His call for equality was based on a deep understanding of the essential equality of all humanity, created as it is in the image and likeness of God, and endowed, as our founding documents say, by that Creator with certain unalienable rights. Abortion on demand does away with that premise as an arguable point.
There can be no equality of human beings if some human beings are not even considered worthy of having a basic right to life.
The debate about legalized abortion opened the doorway for the bastardization of the basic principles on which this country stands. It was but a short step after that to begin redefining the freedoms we have always regarded as belonging universally to all Americans in new, selective and narrowed ways.
People who try to argue for human rights without access to the foundation of all human rights, which is our profound equality before God, end up discriminating. They very quickly begin to advocate for practices which are not only discriminatory, but are flat-out tyrannical.
Since the types of things and the manner of debate that is employed by these people almost by definition puts them at odds with the Christian ethos of the equality of humanity, they also put them at odds with Christians, themselves. Abortion, the killing of unborn infants, is anathema to Christians who have from the beginning of the faith stood against human sacrifice of all types, including the practices of abandoning and exposing unwanted infants.
The split in our civil society began when that civil society departed from its roots to enter into the violent discrimination against an entire class of human beings by defining them as non-humans who may be killed with impunity. Those who adhered to this logic sheared themselves loose from the moorings of American society.
As their various “rights movements” took shape, they were always rooted in other soil than the great American enterprise of freedom and equality for all humanity.
For two hundred years this idea of freedom and equality had marched forward, expanding as it went. The founding fathers made tortured accommodations to slavery which could not stand. We fought a great civil war over slavery in particular, and the principles in the ideas on which this country was founded in general. Women, half the people, used the freedoms in the Constitution and the arguments in the Gospels to gain voting rights for themselves. Martin Luther King based an ultimately successful case with the American people for an end to segregation on them.
But these new “rights” movements of the last quarter of the 20th century and now into the 21st century cut themselves loose from the essential American logic at abortion. All people were no longer created equal in their way of measuring such things. And they certainly were not endowed by their Creator with certain rights such as the right to life, liberty and the pursuit of happiness.
Clearly, in the logic of those who follow abortion, not everyone is entitled to the same rights. More to the point, this iron wall of the God of Gospels on Whom such ideas of the universal equality of all humanity are based, must be taken down, by force if necessary.
It was, and it is, either Jesus Christ or their right to kill with impunity. The two cannot coexist.
What has grown out of this ethos is a deadly rhetorical stew of bad ideas and bastardized Constitutionalism that seeks to apply the bill of rights to those who hold certain ideas and to withdraw those rights from those who disagree with them.
Traditional Christianity as it has been taught and practiced for 2,000 years can not and will not bend on questions that strike to the heart of what we are. The question of who is human is simple in Christianity. We are all human. The question of who matters is equally simple. We all matter.
No group that agitates for their “rights” need look further than that for their arguments.
However, if the definition of those “rights” begins to tamper with the essential question of who a human is in ways that deny the basic moral structure of functioning humanity, then they no longer have access to the Gospels as their support. That is what has happened in contemporary America.
The result has been that we find claims to “rights” that do not exist, either in the Gospels, or the Constitution. These so-called “rights” are not “rights” at all, but rather a limitation of the Constitutional guarantees found in the First Amendment.
Suddenly, we are faced with people who use rhetorical film-flam phrases which align in sound but not meaning to American values and freedoms to claim that Christians do not have the same rights that other Americans enjoy. Christians who engage the larger culture by use of free speech, freedom of assembly and the right to petition their government are accused of attempting to “force their religion on others.”
Christians who work together in groups, which is a clearly guaranteed Constitutional right used by every “rights talker” who is attacking them for doing it, are suddenly accused of violating “separation of church and state” and threatened with the tax man bogeyman.
At the same time, any “rights talker” group whose 501c3 status was challenged would yell about their “rights” and “freedoms.”
The question becomes do Christians have the same rights as other citizens?
Do Christians have the right to free assembly? Do Christians have the right to free speech? Do Christians have the right to petition their government?
The right to free assembly goes deeper, since people who attack the Constitutional rights of Christians are also actively seeking to limit the First Amendment right to free exercise of religion. They do this based on a hypothetical construct we like to call separation of church and state. Separation of church and state does not appear in the Constitution.
What does appear is a prohibition against the government passing laws to form a state religion and a prohibition of the government passing laws to interfere with the free exercise of religion. This is found in the same amendment that gives us our rights to freedom of speech, assembly and to petition the government. It reads like this:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people to peaceably to assemble, and to petition the Government for redress of grievances.
The courts have looked deep into their own navels in the past half century and created a “wall of separation between church and state.” They have increasingly determined that is “wall” that they created means that the government has a duty to censor religious free speech of all types, and religious freedom of assembly in public places ranging from schools, to athletic events to parks.
At the same time, our president has pushed the government into the business of coercing religious people to violate their beliefs, including beliefs based on 2,000 years of constant Christian teaching, under the guise of the HHS Mandate. There is also a combative and often hectoring subset of our population who try to break up Christian discussions on on-line web-sites and/or in public debate.
These people always seem to toss around phrases such as “freedom of worship” and “privacy of your own homes.” They seek to apply these limits to Christian activity. Christians, they tell us, have “freedom to worship” in their “own houses of worship” and to believe what they want “in their own homes.” But that they do not have the freedom to engage in public debate based on their beliefs the same as other citizens.
Christians who use their freedom of speech of speak out about their beliefs in the public square, or who organize to effect changes in policy by means of petitioning their government or exercising their right to vote are told that they are out of line. They are trying to “force their religion” on other people.
These exact same people are engaged in using their freedom of speech when they say these things. They are usually actively organizing into groups to seek redress in the courts and to petition their government.
But they do not want Christians to have the same freedoms. They want Constitutional rights for themselves, but not for those who disagree with them.
This rhetoric is rooted in the fact that these rights talkers are the intellectual heirs and political allies of the abortion movement. They are, at their core, convinced that some people are more equal than others. In fact, one of their founding principles is that whole classes of human beings are not human enough to have an inherent right to be alive.
No good thing can come from a philosophy that is built on this murderous idea.
It is not an accident that rights talk has morphed so seamlessly into demands for limitations of the basic rights of those who disagree with the rights talkers.
It is a natural and inevitable outgrowth of a philosophy that is based on the darkest sort of discrimination. I am talking about a form of discrimination so dark that it says that the murder of a whole class of human begins is a “human right” of the murderer.
So long as “rights talkers” deny the human rights of whole classes of people, they are incapable of creating a consistent philosophy of human rights for themselves or the world they are trying to create.
It reads like an article from The Onion.
But it’s not.
It’s a serious pseudo scholarly article published in the supposedly serious journal Medical Ethics, whose tagline reads “An international peer-reviewed journal for health professionals and researchers in medical ethics.”
I’ve long maintained that “ethics” as a scholarly pursuit is just the dressing up of the fine art of doing whatever you want to whomever you chose. Ethics, without God, is incapable of morality and shows no mercy or compassion. “Ethics,” as discussed in our learned journals and our various think tanks is an empathy-free zone; an elaborate mis-use of language to justify a world where the biggest and the meanest get to make all the rules.
After all, who makes these various judgements that “ethical thinkers” pass down but the biggest and the meanest? These ideas come from the royal jelly schools where a select few are groomed to take home all the prizes at the expense of everyone else. They are housed in enclosed, almost hermetically sealed environments where people never face the realities of the terrors they have wrought. They are sheltered and shielded, petted and pampered. And the “thinking” they produce is, far too often, an extension of the deep narcissism reflected in this kind of living.
“After-birth abortion: Why should the baby live?” is a product of this kind of thinking and tawdry ethical posing.
This scholarly paper, makes the case for killing children after they are born if “circumstances occur after birth such that they would have justified abortion … we claim that killing a newborn could be ethically permissible in all the cases where abortion would be.”
In other words, they are saying that we should be able to kill newborns because we want to kill them. That this is “ethical.”
The authors of this paper take the same tack used by a lot of people who argue for abortion on demand on this blog: the “fetus is not a person.” They argue that newborns aren’t “persons” either. They say,
The moral status of an infant is equivalent to that of a fetus, that is, neither can be considered a ‘person’ in a morally relevant sense.
It is not possible to damage a newborn by preventing her from developing the potentiality to become a ‘person’ in a morally relevant sense.
… Both a fetus and a newborn certainly are human beings and potential persons, but neither is a ‘person’ in the sense of ‘subject to a moral right to life.’ We take a ‘person’ to mean an individual who is capable of attributing to her own existence some (at least) basic value such that being deprived of this existence is a loss to her.
This means that many non-human animals and mentally retarded human individuals are persons, but that not all the individuals who are in the condition of attributing any value to their own existence are persons. Merely being human is not in itself a reason for ascribing someone a right to life.
… Although fetuses and newborns are not persons, they are potential persons … If a potential person, like a fetus or a newborn, does not become an actual person, like you and us, then … there is no harm at all … The alleged right of (fetuses and newborns) to develop their potentiality … is over-ridden by the interests of actual people (parents, family, society) to pursue their own well-being.
We take a ‘person’ to mean an individual who is capable of attributing to her own existence some (at least) basic value. In other words, you aren’t a ‘person’ as these scholars define it, and you don’t have a right to be alive, until you can speak up and fight for yourself. If you’re helpless, you aren’t a person, and anybody can kill you, anytime. The authors only apply this to newborns in this paper, but if you can’t see where this is heading, then you aren’t, as we say here in Oklahoma, “too swift.”
It’s interesting, but not surprising, that the authors also claim that “many non-human animals” have a right to life, which newborn babies do not. This same line of reasoning has been employed by other ethicists who have advanced killing babies after they are born, many of them until the child is up to a year old, but are vociferous in their fight for animal rights.
In fact, there is nothing new in this article. It references the deadly Groningen Protocol, concerning the practice in the Netherlands of murdering disabled newborns under the guise of euthanasia.
Here in the United States, this line of logic comes, as I said earlier, from the royal jelly portions of our society. It is the privileged set who keep pushing the boundaries on allowable murder, notably Peter Singer of Princeton University, Michael Tooley, who got his PhD from Princeton and now teaches at the University of Colorado. Dr Singer is famous for advocating for animal rights at the same time that he advocates killing children after they are born.
Despite the fact that these arguments read like they were written by a pro life comic who is making fun of pro abortionists, their authors are serious about them. We need to remember that most of the things we find abhorrent in our society today were sold to the general public in just this way. The demand for legal abortion did not begin in the women’s movement. It began in think tanks, composed almost entirely of men, many of whom were frank misogynists, who published scholarly articles.
Our society takes these royal jelly people far too seriously. We do not consider their remove from reality when we look at their ideas. The thinking in After-birth abortion: Why should the baby live? is just a hatched up bunch of nonsense designed to allow people who have the power to kill other people who can not defend themselves.
All this blather about “actual persons” belies the fact that the authors are creating a construct for killing people at will on the basis of the fact that the killer wants to kill them. It is a philosophy that justifies the biggest and the meanest, making all the rules, nothing more.
It is exactly what you get when we remove God and His Commandments from human decision-making. When we remove God from our considerations, we become what Dawkins et al claims we are: Beasts.
Life in this brave new world becomes, as Hobbes said, “solitary, poor, nasty, brutish and short.” Make no mistake about it, the same royal jelly people who are telling you that you can kill your own babies when they inconvenience you, will eventually be telling someone who is bigger and meaner than you that they can do the same thing to you.
Lila Rose, founder and president of Live Action, has made a real difference in the pro life movement. Her undercover videos have given those who are willing to look a glimpse of what lies behind the promotion at Planned Parenthood.
This video tells a bit about Lila herself.
I’ve read the news reports on several outlets, and I’m not exactly sure what the judge did, except that it’s clear that he stopped the government from dropping the guillotine on Hobby Lobby next month.
The draconian HHS Mandate, which is scheduled to go into effect in August, would probably, in the judge’s own words, “cut the legs from under” any “individual or corporation” who is so bold as to say “no” to it. Judge Joe Heaton ruled that Hobby Lobby is exempt from compliance with the HHS Mandate, at least until higher courts rule in the matter. He also put the case on hold until October 1 to give the Obama administration time to respond.
What does this mean?
Well, it means that the government can’t start putting Hobby Lobby out of business because it won’t pay for abortifacients for its employees, at least not next month.
It also gives the Obama administration a bloody nose. The administration originally contended that First Amendment protections of the free exercise of religion only applied to churches. Then, when it began losing in court, the administration widened that out to include direct affiliates of churches. The administration has not budged in its position that the First Amendment protection of the free exercise of religion does not apply to you, me or any other individual.
I think this latest ruling puts other judges on the hot seat. Are they going to allow corporations and individuals to go down the tubes next month, or are they going to step up and grant similar stays for everyone?
One interesting fact: Judge Joe Heaton is the same judge who denied a somewhat similar request by Hobby Lobby in November 2012. His reasoning then read like Obama administration boilerplate.
What has happened to change his mind?
It may be that the reasoning of other justices who did not agree with him made him re-think the issue. It may also be that he finally wised up to the fact that the HHS Mandate is a challenge to the Constitution itself. It may also be that he came to understand what I saw when I first read about the nascent HHS Mandate months before it was promulgated: This thing has the makings of a Constitutional crisis of a magnitude not seen in this country since the Civil War.
There has been a huge overstepping of individual liberties in the culture wars lately. Whether the issue is abortion or gay marriage, those who promote these positions are not satisfied with laws that allow them to do what they want. They are pushing hard for laws that force other people to participate in doing it with them.
The HHS Mandate, by directly targeting the Church itself, along with its many ministries, stepped up the fight and made it something that was impossible to ignore. The days of going along to get along ended for believers in religious liberty and freedom of conscience when President Obama signed that thing.
It’s possible Judge Heaton got his wits together and realized the magnitude of what he was dealing with. It’s also possible that Hobby Lobby’s lawyers wrote a better brief this time around.
I don’t know.
I do know that this ruling today is a good and hopeful one for all of us who hold our Constitutional liberties dear.