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Religious Institutions and Exemptions from Public Law

glass cross

The cross that hangs in our house.

An enduring public sentiment since the founding of our nation has been the respect for religious instituions to operate freely in the United States. Eventhough we have had our squabbles, most American’s embrace the notion of religious freedom as it applies to religious institutions who wish to operate in the United States and individuals who wish to participate as members of that organization. However, religious freedom does not extend into our secular public market place where business practices are governed by laws preventing discrimination and promoting the public good.

Religious institutions protest over birth control mandate

Religious institutions, such as the Catholic Church, seem to be testing the limits of the public’s generosity for being exempt from certain regulations when they choose to operate a business open to all. The Hill’s Healthwatch Blog reported that U.S. Conference of Catholic Bishops are threatening to sue the Obama Administration for mandating that insurance plans provide birth control to women without a co-pay. The Washington Times reported that Franciscan University in Ohio has decided to drop its student health plan rather than comply with the birth control mandate under the ACA.

From religious world to secular world

These are chartered non-profit organizations, hospitals and universities, which offer services to the public. They have chosen to enter the regulated and secular world to offer healthcare services and educational opportunities. As such, they can’t expect special dispensation and exemptions from laws that apply to other non-religious institutions governing the treatment of employees and consumers. Our laws are there to protect the public from discriminatory practices, create a fair market place and advance public health and well being. The regulation mandating access to FDA approved birth control for women is a woman’s health issue, not a religious freedom issue.

The offering of no cost birth control through contracted or employer self-insured health insurance plans is not the only mandate within the ACA or other laws non-profit religious institutions must adhere to. There are other mandates and laws that they may want exemption from based on their religious freedom perspective.

We shouldn’t be force to…

Should we allow exemptions for other regulations that are contrary to an institution’s religious beliefs such as:

While you might think some of these exemptions are frivolous, some religions take these situations very seriously. I could argue that each of these exemptions shoud be granted because it impinges on someone’s notion of religious freedom. But it is all a mute point when a religious institution enters the secular world. Within the confines of an enclosed institution, where services are not offered to the public and only members work within the organization, any religious body has greater latitude to set and create their own rules along their religious beliefs.

Religion and government must coexist

Religious institutions are not islands in the communities they serve when they offer services to the public or hire employees. Hospitals and universities benefit from all the different operations and projects that the government regulates: clean drinking water, sewer service, safe roads, fire and police protection, student loan programs and the list goes on. Because they benefit from the services that tax dollars provide, they can’t always expect to be free from the public laws governing how they operate. It is a mutually beneficial, and sometimes symbiotic, relationship between the religious institutions, government and the public.

I have a tremendous affinity and respect for the role religion plays in my life and that of others. I am proud the the United States is seen as the supermarket of religions in the world. If you don’t like your church or denomination, there is different one right down the road. Our tolerance for different religious views is a strength that should not be underestimated.

Striking a balance between religious freedom and secular roles

Our strength also comes from not having religious institutions unduly influence and restrict our liberties. The government is not forcing religious institutions to ignore their beliefs, doctrines or Holy Scriptures. Collectively, we are saying that there are many mandates and regulations that have a greater value to our diverse population and must be included and offered to all regardless of anyone’s specific religious perspective.

Religion and religious institutions have a special place in our communities. We recognize the value they bring to individuals, families and their charitable works. They operate under special rules bestowed upon them by the good will of the public. It is my sincere hope that all religious organizations will understand the partnership we have created with them and not chart a course that puts there operations at odds with advancing healthcare for women.

Related blog post

Health insurance increases employee productivity

Government regulations save businesses money

Women’s health is not a religious freedom issue

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