PPACA's Religious Impact

[whell]

It is a real issue, and should be separated from the drama of personalities and argued on its own merits. Therefore, just for fun, it now has its own thread.

Originally Posted by d-ray657

The religious freedom issue is the red herring. The health care statute and regs do not place any requirements on churches. They place requirements on employers, including those operating health care and educational institutions. It becomes a establishment clause issue when a religious institution seeks special treatment in light of an otherwise universal application of a requirement for employers.

Regards,

D-Ray

D-ray, either you know that the post above is BS, or you're simply misinformed.

First, its not about the establishment clause. Its about the words that proceed it in the 1st Amendment, specifically "...the free exercise thereof." The Federal government can't establish a religion, but the Feds do have a constitutional duty not to restrict religious expression.

Second, there are precedents where educational institutions that "deliver a secular product" must still be treated as religious entities if their primary mission is non-secular.

Third, the language in PPACA did not establish an exemption for religious institutions, and was seen as one of the significant flaws in the PPACA when it was first enacted. Religious organizations had been working with the Feds (via the Dept of HHS) to reach an accommodation, but the HHS came up with the horse manure compromise, suggesting that somehow the organization paying the healthcare premiums were disconnected from the health care product that they would ultimately be forced to buy, or pay a significant tax...er...umm....penalty to avoid buying. The Obama administration defends this "compromise."

Fourth, religious organizations may ultimately need to litigate, possibly under the Religious Freedom Restoration Act, to receive injuctive relief from the requirements of the PPACA/HHS.

Predictably, there is also legislation being introduced during this Congress - that is not likely to see the light of day given the current occupants of the White House and majority in the Senate - that recognizes the over-reach of the PPACA and the HHS.

This is far from a red herring. It is a real issue with read consequences for people of faith...

...as opposed to the BS about the imaginary and fraudulent arguments of the left's latest poster child.