In a recent article a writer gave as his view that “the contraceptives covered by the (Health and Human Services) mandate are designed to prevent pregnancies, not terminate them. But abortion will be continually linked to this issue because it puts more boots on the ground.” The first part of this viewpoint is not wholly accurate. The second is unsubstantiated conjecture.
The HHS mandate requires free provision of some contraceptive pills that are taken after conception has occurred. These drugs terminate newly conceived human life. This is why for many Catholics and others, contraceptives are linked to abortion. Not because we merely want “more boots on the ground” in our protest against an overreaching government mandate but because some “contraceptive” drugs are in fact abortifacients. Moreover, despite claims to the contrary, there is a correlation between an increase in the use of contraceptives and an increase in the number of abortions. This is part of what the church means when it speaks out against an anti-life culture.
The writer’s equivocation on the rights of religious liberty is even more worrisome. Making a cursory nod to respect for religious beliefs, he proceeds to declare that “society” can determine when “the benefits of a particular policy far outweigh its detriments to certain individuals.” No explanation is given of who or what counts as “society” nor is there any justification for the view that forcing people against their conscience to contribute to an anti-life culture can be counted as a “modest” infringement on their rights. This goes against the opinion expressed even by those Supreme Court justices who recently upheld Obamacare. Justices Breyer, Kagan and Sotomayor joined Justice Ginsburg in protecting the rights guaranteed by the Constitution: “A mandate to purchase a particular product would be unconstitutional if, for example, the edict impermissibly abridged the freedom of speech, interfered with the free exercise of religion, or infringed on a liberty interest protected by the due process clause.”
The HHS mandate is unconstitutional. The issue here is freedom of religion. Does the government have the right to force religious institutions and private individuals to provide for abortifacients, contraceptives and sterilizations? The First Amendment says no. The HHS mandate will be struck down. Meanwhile, many Catholic institutions like St. Mary’s Parish and School will not comply with the mandate because it is contrary to God’s law.
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