This morning, the US Senate voted to kill the so-called Blunt Amendment which would have allowed religious organizations the ability to opt out of certain health care mandate they find morally objectionable, specifically contraception coverage. The decision to kill the amendment was the appropriate one, though the vote of 51-48 to table the bill indicates how much the concept of the separation of church has state has changed in the national mind.
Let’s start at the beginning. After months of consideration, the Obama administration announced the under the new health care law, all employers were required to provide health insurance that included several forms of contraception, even when the employers were religious institutions. Exemptions were provided for employers that were churches (and synagogues, mosques, etc.) or otherwise any institution that was directly involved with religion. This exemption was proper. However, institutions like Catholic hospitals and universities were not exempt. This inclusion was also proper. The Obama administration made the correct initial decision in deference to religious liberties and the rights of individuals.
The backlash was almost immediate. Under the guise of “religious liberties,” the Catholic Church and its conservative allies in Congress launched a series of harsh but unfounded criticism against the Obama administration. While the use of religious liberties would turn out to be a façade, the Church’s argument was flawed from the start. The fundamental problem in the Church’s argument is that not everyone at their universities or hospitals is Catholic, or indeed Christian. It is these people and their liberty to choose what type of health services they desired that the mandate was attempting to protect. It was not the government that was attempting to impede on the rights of a religious organization, but the Church who was attempting to restrict the choices of it employees. It was an attempt by the Church to impose its own particular moral values on others, even if they were not Catholic.
Compounding the problem for the Church was the fact that these institutions more likely than not received money from the government. In such situations it is always the government which decides the terms, not vice versa, and since the US government is secular, it cannot make decisions based on religious doctrine. If the laws dictating the rules of an agreement between government and the Church no longer match Church doctrine, then it is the Church’s obligation to change, not the government’s. If the Church feels that it cannot change, then it should expect that the government will move the funding somewhere else. There is no reason the Church should have special status in this situation. The rights of the general population trump the concerns of a single institution.
The final point that completely undercuts the Church’s initial argument is that the Church is already compelled in many states to provide coverage for contraception. The mandate from the Obama administration was merely taking the idea and applying it nationally. And while there is a disturbing legal trend that seems to be granting employers and institutions equal if not more rights than employees and individuals, there was little reason to suspect that the mandate would be overturned in the courts.
But then the Obama Administration, buying into the false accusation of religious discrimination, revised the rule. Now the Church was no longer required to provide contraception coverage. Now the impetus was put on the insurance companies. This supposed compromise should have put the controversy to rest. But the Church decided to continue the fight and in doing so exposed its true intentions. Their fight had never been about religious liberties it seemed. No, this fight was, and is, about attempting to get the government and the law to conform to the will of the Catholic Church. It is about attempting to impose the doctrine of the Catholic Church on all individuals, regardless of their personal beliefs about contraception. And it is about, intentionally or not, restricting the choices of women.
After all, contraception and birth control is one of the most important factors in the advancement of women’s rights in the modern age. By given women control over when they had children, it allowed many to pursue avenues that previously were not open to them. Those who wished to pursue careers no longer had to worry about an unwanted or inopportune pregnancy. It gave women the right to choose, therefore increasing their liberties.
The vote on the Blunt amendment shows that these liberties are not as secure as we once thought. The Catholic Church and its social conservative allies have perverted the concept of religious liberty by trying to apply it to institutions rather than where it really does apply, individuals. Indeed, despite all the hubris of the Church, it remains a fact that a vast majority of Catholic men and women use some form of birth control. If the Church cannot enforce a ban on contraception among its own congregation, why then should we allow it to speak on these matters with any authority? It seems to me that the Church is attempting to impose the morality of a few on the liberties of the many.