About Those Conscience Protections

Michael Sean Winters is understandably miffed at the HHS ruling that will require many Catholic institutions to cover contraceptives in their insurance policies. Indeed, the president has lost his vote. President Obama never had my vote, but I could add his refusal to expand conscience exemptions to my reasons why.

I understand why he went ahead with the ruling as is. He thought it was the right thing to do. Contra the statements of celibate religious authorities, most people value the widespread availability of contraceptives as a much-needed social good. Obama met opposition from a vocal minority that, let's face it, doesn't represent the majority of Catholics, who use contraceptives without a second thought. My guess is that Obama, if he considered the reaction from Catholics at all, figured only a tiny minority would be bothered by the mandate. If the majority of Catholics don't follow their faith’s teachings to the letter, why should Obama be expected to take those teachings seriously?

When making decisions about social policy, especially policies that will have major ramifications for voters, any skilled politician will make a cost-benefit analysis. In this case, Obama had very little to lose and much to gain by making contraceptives more readily available. The official teachings of the church wouldn't interest him so much as the actual opinions of voting Catholics, who for the most part either don't care or probably think expanded access to contraceptives is a good thing.

Nevertheless, President Obama should have expanded the conscious exemptions. First, while the state shares responsibility for the healthcare of the people within it, the state has the primary responsibility of protecting the rights and freedoms of its people. Helping people bear the burden of healthcare costs, noble as it is, is no excuse to violate religious freedoms. Second, by not expanding the exemptions, Obama betrayed his promises to Catholic supporters of his policies, notably the Affordable Care Act. Obama earned their support in part by promising to uphold conscience protections. They took the move as a slap in the face. Third, the ruling may prove counter-productive. Catholic institutions—some of them anyway— participate in healthcare on the condition that they are free to follow Catholic ethical norms. Forcing these institutions to materially cooperate with what they deem contrary to their faith incentivizes them to cease such participation.

Catholics have every right to fight this ruling tooth and nail.  (VN)

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