Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Friday, December 18, 2015

A contribution to the SCOTUSblog symposium on the Little Sisters case

The good folks over at SCOTUSblog are hosting a symposium on the Little Sisters case, this term's religious-freedom challenge in the Supreme Court to the contraception-coverage mandate. Here is my contribution, "Integrity, Mission, and the Little Sisters of the Poor."  A bit:

. . . What the Little Sisters and the other religious non-profits have done is simply invoked the protection of a near-unanimously enacted federal statute that reflects the longstanding values of our own (and any decent) political community and the foundations of human-rights law. The administration’s response, the Supreme Court’s response, and our response should not be resentment or disdain but a genuine willingness to ask, “well, why not?” We should spend less time interrogating, second-guessing, or criticizing as impertinent their assertion of religious-freedom rights and more time considering, in an open-minded way, whether it is possible – perhaps with a bit of effort and flexibility – to accommodate them.

Some religious employers, of course, have been accommodated by the administration. Religious houses of worship, and some affiliated institutions, have been exempted from the contraception-coverage mandate. The Little Sisters, however – like many religious hospitals, schools, universities, and social-welfare agencies – are engaged in the world. They heal, teach, serve, and employ some who do not share their religious faith, but theirs is nevertheless a religious mission. They aspire to carry out this mission, just as many of us aspire to live our lives, with integrity and character. The preventive-services mandate, they say, thwarts this aspiration by changing – indeed, by hijacking – their relationships with their employees.  

This claim about the character-distorting and integrity-undermining nature of the mandate – including the limited “accommodation” that the administration has provided – should not be difficult to understand. . . . 

Check out also the other posts from (so far!) Erin Hawley, Chip Lupu, Bob Tuttle, Leslie Griffin, Helen Alvare, Marcia Greenberger, John Bursch, Fred Gedicks, and Lyle Denniston. 

https://mirrorofjustice.blogs.com/mirrorofjustice/2015/12/a-contribution-to-the-scotusblog-symposium-on-the-little-sisters-case.html

Garnett, Rick | Permalink