Many folks don't realize that the first amendment to the US Constitution has two clauses having to do with freedom on religion. The full amendment is 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 peaceably to assemble, and to petition the Government for
a redress of grievances." The first two clauses have to do with religious freedom. Please note the second clause: "prohibiting the free exercise thereof". Of course one can argue that the President is not Congress and so he is not bound by this. But he is bound by a larger one: Only Congress can make laws.
However, when it comes to interpretation and enforcement of laws, the Executive Branch must necessarily exercise judgement. In the case of the HHS mandate, as interpreted by the Obama Administration as part of the Affordable Health Care act (aka ObamaCare), the Executive Branch has taken upon itself to define what religion is!
In a very insightful article, Janine Turner says, among other things, the following:
"Obama has not only taken on the Catholic Church, he has taken on all
religion because he is redefining religion. Obama is dictating where a
religious people are religious and where they are not, where they have a
right to be religious and where they do not. According to President
Obama, religious morality and compassion only exist in the temple
itself. Catholic-initiated outreaches and missions extended in schools,
colleges, hospitals, social service institutions, and charities are not
religious, according to Obama. This redefinition conveniently gives him
the self-declared right to dictate how these Catholic institutions
operate."
This is a violation of the Constitution on several accounts. He is de facto making law which the Constitution expressly forbids of the Executive Branch, and doing what the Constitution even forbids Congress to do, namely prohibiting the free exercise of religion.
If ObamaCare is not struck down by the Supreme Court this month, it will surely be struck down when these lawsuits by Catholic institutions such as the University of Notre Dame finally reach that bench.
Turner's Article
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