Did Religious Freedom Find a New Ally?

• By Travis Barham
• Posted Jun 29, 2012
• No Comments »

In a profoundly disappointing decision yesterday, the Supreme Court upheld ObamaCare as constitutional. Ironically, Congress passed the President’s signature piece of legislation saying that it would help the uninsured, but Chief Justice Roberts upheld it only after interpreting it as a tax on the uninsured.

However, today’s decision is by no means the last time ObamaCare will see the inside of a courtroom. And in future visits, the focus will not be the Interstate Commerce Clause or the Necessary and Proper Clause. Rather, it will be on the First Amendment, religious freedom, and the sanctity of life. Because the Supreme Court upheld the law, employers will be forced to cover contraception and abortifacients, even if doing so violates their most cherished religious beliefs. As we speak, the Alliance Defense Fund is already representing at least three such organizations—Louisiana College (a Southern Baptist college), Geneva College (a Presbyterian school), and a business with Catholic leadership—who will be forced to pay for the destruction of innocent human life if nothing changes.

Today’s decision also suggests that when these cases—or the at least forty-three others like them—reach the Supreme Court, another surprise may be in store. One justice specifically commented on the religious freedom issue, saying:

“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.”

Who said this? Well, it was Justice Ginsburg, a former ACLU general counsel. Could this mean that she would be a surprise vote to strike down the abortion-related mandates in ObamaCare and uphold religious freedom? Only time will tell.