Legal Conflicts Persist for Little Sisters of the Poor

It’s frustrating.

Years after the Barack Obama administration attempted to compel the Little Sisters of the Poor to provide contraception, including abortifacient drugs, to their employees, the legal battles continue.

Essentially, Obamacare was not just a huge welfare initiative; it also tried to influence religious organizations and businesses to adopt progressive values. The Affordable Care Act required all employers, including nonprofit groups like the Little Sisters, to include contraceptives in their health insurance plans as part of “preventative and wellness services.”

There was no option for a “religious exemption.”

This brings up a significant issue: the notion that American citizens need to request permission from the state to practice their faith undermines a core principle of liberty. Imagine needing permission from the government to express your views.

What’s even more troubling is that the state is mandating citizens to engage in actions that directly contradict their beliefs.

Yes, there are theological debates within the Catholic Church, but the stances on contraception and abortion aren’t part of that discourse. It’s clear that nuns have deeply held, longstanding religious beliefs. Meanwhile, there seems to be a push from progressives to undermine them.

Despite their convictions, the Little Sisters faced years of legal hurdles, eventually making it to the Supreme Court, where they managed to secure protections against the federal government—twice. In 2017, the Trump administration provided exemptions for religious groups from the Obamacare mandate.

Still, with virtually unlimited taxpayer resources, the government can pursue its objectives indefinitely. States like New Jersey and Pennsylvania initiated separate lawsuits against the Little Sisters.

Recently, a judge ruled that the Trump administration’s broadening of religious exemptions from the contraception mandate was “arbitrary and capricious.”

This means that religious nonprofits and businesses will once again have to seek accommodations from the Department of Health and Human Services to avoid providing abortifacients. Even if all requests for exemptions are granted now, future administrations may not be as lenient. Moreover, nonprofit employees will still be entitled to contraception in employer-funded health plans.

Interestingly, this same judge had issued a nationwide injunction against the contraception exemption back in 2017, arguing it significantly interfered with women’s lives. The Supreme Court overturned that injunction in 2020.

According to the Religious Freedom Restoration Act, the government must demonstrate a “compelling interest” and employ the least restrictive means when imposing on religious practices. Access to free birth control isn’t a compelling interest, and imposing steep fines on religious organizations to pressure them to abandon their beliefs is a severe form of coercion.

One might assume that targeting a group of nuns caring for the elderly would be politically detrimental. Yet, this has not deterred certain factions, as the goal seems to be to intimidate others.

The Little Sisters’ situation is reminiscent of Jack Phillips, the baker in Colorado who refuses to create custom cakes for same-sex weddings, now facing yet another court case. The underlying message appears to be that anyone who diverges from progressive norms will face consequences.

Consider the case of Catholic Charities adoption agencies that have closed in several states due to laws requiring them to place children with same-sex couples.

It seems that these legal skirmishes will persist until the Supreme Court reinforces the First Amendment and protections for religious liberty. The Court’s previous involvement in the Masterpiece Cakeshop case only offered limited relief, narrowing its focus primarily to overt discrimination against faith.

Ultimately, it should not matter the rationale behind the state’s assault on the religious liberties of nuns or anyone else. The issue at hand is that the Obamacare mandate is fundamentally authoritarian and unconstitutional, and the only viable resolution is its repeal.