RELIGIOUS FREEDOM & LITTLE SISTERS OF THE POOR
SHOULD OBAMACARE FORCE CHRISTIAN ORGANIZATIONS TO PAY FOR CONTRACEPTIVES?
Key Facts
In 2010, Congress passed the Patient Protection and Affordable Care Act. After its passage, the Department of Health and Human Services instituted a provision which required employers to provide “preventative care and screenings,” including contraceptives, to women. [1]
Although initial exemptions were made for churches, it wasn’t until 2017 that the Department of Health and Human Services under the Trump administration expanded the entities which could apply for an exemption to this mandate, including organizations like Little Sisters of the Poor. Pennsylvania and New Jersey brought suit against this action, mainly on grounds of procedural violations. [2]
On July 8, 2020, the Supreme Court ruled 7-2 in favor of Little Sisters of the Poor. “The Departments of Health and Human Services, Labor and the Treasury had authority under the Affordable Care Act to promulgate rules exempting employers with religious or moral objections from providing contraceptive coverage to their employees.” [3]
Key Scriptures
Luke 20:25 “He said to them, ‘Then render to Caesar the things that are Caesar's, and to God the things that are God's.’”
1 Timothy 1:5 “The aim of our charge is love that issues from a pure heart and a good conscience and a sincere faith.”
1 Timothy 2:1-2 “First of all, then, I urge that supplications, prayers, intercessions, and thanksgivings be made for all people, for kings and all who are in high positions, that we may lead a peaceful and quiet life, godly and dignified in every way.”
Romans 13:3-5 “For rulers are not a terror to good conduct, but to bad. Would you have no fear of the one who is in authority? Then do what is good, and you will receive his approval, for he is God's servant for your good. But if you do wrong, be afraid, for he does not bear the sword in vain. For he is the servant of God, an avenger who carries out God's wrath on the wrongdoer. Therefore one must be in subjection, not only to avoid God's wrath but also for the sake of conscience.”
Romans 14:19 “So then let us pursue what makes for peace and for mutual upbuilding.”
Acts 24:16 “So I always take pains to have a clear conscience toward both God and man.”
1 Peter 3:14-16 But even if you should suffer for righteousness' sake, you will be blessed. Have no fear of them, nor be troubled, but in your hearts honor Christ the Lord as holy, always being prepared to make a defense to anyone who asks you for a reason for the hope that is in you; yet do it with gentleness and respect, having a good conscience, so that, when you are slandered, those who revile your good behavior in Christ may be put to shame.
Want to Know More?
Ethics and Religious Liberty Commission: Explainer: The Supreme Court rules nuns do not have to ‘violate their religious beliefs’ to serve
Becket Law: Little Sisters of the Poor v. Commonwealth of Pennsylvania
Scotus Blog: Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania
Oyez: Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania
Application
Little Sisters of the Poor is a group of nuns whose mission is to “offer the neediest elderly of every race and religion a home where they will be welcomed as Christ, cared for as family and accompanied with dignity until God calls them to himself.” In 2010, when the Affordable Care Act was passed, subsequent regulations would have required them to provide contraceptive coverage which would have violated their sincerely held religious beliefs. Although the initial regulations included exceptions for churches, it did not cover other religious organizations or privately held corporations who had similar sincerely held religious beliefs. In 2017, the Health and Human Services Department under the Trump administration expanded these exceptions to include other organizations which held religious or moral objections to contraception. This was challenged by the states of Pennsylvania and New Jersey and was argued before the Supreme Court. On July 8, 2020, the Supreme Court ruled 7-2 in favor of Little Sisters of the Poor.
What Does the Bible Say About Conscience and Religious Liberty?
The Bible is clear that we need to be able to operate in our faith with a good conscience. In the church, Paul instructs Timothy that, “The aim of our charge is love that issues from a pure heart and a good conscience and a sincere faith” (1 Timothy 1:5). Deacons are also required to be able to “hold the mystery of the faith with a clear conscience” (1 Timothy 3:9). In addition, Paul instructs the churches at Rome and Corinth about the importance of honoring conscience in the church and in society (Romans 14, 1 Corinthians 8, 10:23-33).
As Christians, we are also called to submit to the government as a matter of conscience (Romans 13:5). When Paul was before Felix, he said to him, “So I always take pains to have a clear conscience toward both God and man” (Acts 24:16). He wanted to honor and respect the authorities of his time without compromising on his mission to proclaim the gospel. The same is true for the Little Sisters of the Poor, who want to live out the gospel by serving the poor and needy elderly among them (Matthew 25:34-46) without having to compromise on their beliefs concerning contraception.
Just as we are called to honor those in authority in good conscience, so the government should not infringe on the conscience of the people where a genuine moral evil worthy of punishment is not concerned (Romans 13:1-4). Paul urges Timothy “that supplications, prayers, intercessions, and thanksgivings be made for all people, for kings and all who are in high positions, that we may lead a peaceful and quiet life, godly and dignified in every way” (1 Timothy 2:1-2). Making an exception to the healthcare mandate for the Little Sisters of the Poor may be one of the best ways to both uphold the rule of law and allow them to practice their faith in a peaceful, quiet, godly, and dignified way. This is what the Supreme Court upheld in its ruling.
It should not come as a surprise that religious liberty sometimes comes in tension with a secular government. Laws are usually made with the good of the public in mind, but often have unintended consequences. If a situation arises where the law and our conscience come into conflict, we should work to find an amicable solution that honors both the law and our conscience. However, if a solution cannot be found, Christians must also be ready to suffer the consequences in order to remain obedient to God. To suffer unjustly for doing good is called “a gracious thing” in the sight of God (1 Peter 2:19-20).
Are There Unintended Consequences to this Ruling?
Some have raised the concern that this ruling could deny women access to contraceptives needed for medical purposes unrelated to birth control, such as treating endometriosis or PCOS. However, such fears are overestimated. First, just because religious employers are allowed to have the freedom to not cover contraceptives in their healthcare plans, that doesn’t mean that they will exercise that right. This ruling simply gives them the option to obey their conscience about the forms of contraception which they object to. Second, if they do exercise this right and a woman cannot get contraceptive coverage through her employer healthcare plan, then this does not prevent women from accessing contraceptives. In many cases, it simply shifts the cost burden from the company to the state governments. Additionally, there are numerous federal, state, local, and nonprofit programs dedicated to helping women access contraception at little or no cost.
Conclusion
The Supreme Court upheld religious liberty in the 7-2 decision Little Sisters of the Poor v. Commonwealth of Pennsylvania. As Christians, we should always strive to operate in our faith in such a way which both glorifies God and upholds his values while at the same time honors and respects the law and the governing authorities.