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originally posted by: sdcigarpig
a reply to: Tangerine
Several things: 1) You did open up the door by attacking the nature of the court. I was merely pointing out that the federal government has lied and did things to get this law passed.
There are aspects of employment law that any church can choose not to obey. Did you know that a church is not an equal opportunity employer. A church can choose not to hire someone on the grounds, of race, sex, sexual orientation or hire anyone who is handicapped, and never be prosecuted for it?
Churches can do anything they want as long as they do not break criminal law. It has been that way for years. That means if a church, recognized as such, having the tax status of such can not be forced to hire anyone it does not want, or perform acts that are in violation of any tenant of its faith.
The only difference between a church and a business, is that a church, can have no profit. That means by all accounts, a church at the end of the tax year, can show that it has either broke even or is in the red. The minister is paid a salary, someone has to maintain grounds and building, the books have to the bought and kept in order, the insides have to be cleaned, the grounds maintained, the windows washed, write the checks and there has to be someone keeping the books to show and account for every penny that it brings in. Just like a business. The only difference is that a church can have no extra at the end of the year, all of it has to be accounted for.
If the federal government forces the Little Sisters, which is run by Catholic Nuns, in an order that has been around for over 100 years, that is well versed in the tenent of the Roman Catholic belief; a belief that includes to be against abortion and that there can be no use of anything that prevents pregnancies, which is well documented; if the government forces this order of nuns to provide such, then it is dictating that it can interfere in the running of a church, even forcing those to violate their faith.
It provides that an eligible organization may notify HHS in writing of its religious objection to coverage of all or a subset of contraceptive services. The notice must include the name of the eligible organization and the basis on which it qualifies for an accommodation; its objection based on sincerely held religious beliefs to providing coverage of some or all contraceptive services (including an identification of the subset of contraceptive services to which coverage the eligible organization objects, if applicable); the plan name and type (i.e., whether it is a student health insurance plan within the meaning of 45 CFR 147.145(a) or a church plan within the meaning of ERISA section 3(33)); and the name and contact information for any of the plan’s third party administrators and health insurance issuers… A model notice to HHS that eligible organizations may, but are not required to, use is available at: www.cms.gov... If there is a change in any of the information required to be included in the notice, the organization must provide updated information to HHS…
In December 2000, the Equal Employment Opportunity Commission ruled that companies that provided prescription drugs to their employees but didn't provide birth control were in violation of Title VII of the 1964 Civil Rights Act, which prevents discrimination on the basis of sex. That opinion, which the George W. Bush administration did nothing to alter or withdraw when it took office the next month, is still in effect today—and because it relies on Title VII of the Civil Rights Act, it applies to all employers with 15 or more employees. Employers that don't offer prescription coverage or don't offer insurance at all are exempt, because they treat men and women equally—but under the EEOC's interpretation of the law, you can't offer other preventative care coverage without offering birth control coverage, too.
Now, a separate group of nuns is taking the opposite tack, defending birth control coverage in the ACA in an online petition. The head of the National Coalition of American Nuns, Donna Quinn, told Religion Dispatches, “It isn’t ‘faith and freedom’ when reproductive autonomy isn’t extended by the Catholic Church to women. Now we have other Christian religions seeing what the bishops are doing and saying we will do likewise. It isn’t freedom when a woman can be held hostage by the owner of a business.”
The petition asks others to join the group of nuns. It declares, “We know that religious freedom means that each person has the right to exercise their own religious beliefs; religious freedom cannot mean that an individual or a corporation gets to impose their religious beliefs on their employees.”
The Catholic Church formally opposes contraception, and the United States Conference of Catholic Bishops in particular has taken an active role in criticizing the contraceptive coverage mandate in Obamacare. But this isn’t the first time nuns have shown independence on an issue. In 2012, a Vatican group rebuked the Leadership Conference of Women Religious for espousing ”radical feminist themes incompatible with the Catholic faith.”
Just how are the people supposed to obtain what they need to live? through employment or through gov't programs?