The absurdity of the current system of property rights in our country is being highlighted once again.
Catholic Group Must Offer Birth Control in Calif.
The California Supreme Court ruled on Monday that a Catholic charity must offer prescription contraceptives in its employee health insurance plan even if church teaching opposes birth control measures.The state's highest court upheld a lower court decision rejecting Catholic Charities of Sacramento's claims it did not have to offer prescription contraceptives because it considered itself obliged to follow the Roman Catholic Church's religious teachings, which hold that the use of artificial birth control is a sin.
The state supreme court said the charity, incorporated separately from the church, was not a "religious employer" exempt from legislation mandating such coverage.While affiliated with the Catholic Church, the charity's purpose is not to inculcate religious values, a majority of court justices noted.
The charity could avoid any conflict with religious values by not offering its employees prescription drug coverage, the justices held. Employers in California are not required to offer such coverage.
Be it a bicycle helmet law, smoking or noise ordinances, or demands that employers provide certain benefits to their employees, they all operate under the same guiding ideas:
Only Associate Justice Janice Brown dissented."Here we are dealing with an intentional, purposeful intrusion into a religious organization's expression of its religious tenets and sense of mission," Brown wrote. "The government is not accidentally or incidentally interfering with religious practice; it is doing so willfully by making a judgment about what is or is not religious."
Timothy Muscat, the California deputy attorney general who argued the state's case before the state high court, said the justices drew a line between purely religious employers and affiliated groups with broader purposes.
Purely religious employers would remain exempt from the law requiring prescription contraceptives coverage, Muscat added.
"The religious employer exemption stays," Muscat said. "A church, synagogue or mosque qualifies for an exemption."
Copyright 2004 Reuters News Service. All rights reserved.
This shouldn't be fought on the basis of a separation of church and state. This should be fought on the basis of private property rights and the freedom of individuals to peacefully use that property. This is a fucking CHARITY, man; by nature it doesn't have the resources to be thrown about however the politicians demand it.
Do fight this in any way other than on the bedrock of property would keep the system in place as it is and guarantee the future development of these kinds of disagreements. Don't sacrifice anything for this.
UPDATE(3/2/2004 9:02am)
Catholic Group Must Provide Birth Control
The American Civil Liberties Union applauded the ruling and called it "a great victory for California women and reproductive freedom."
Our mission is to ensure that every person can make informed, meaningful decisions about reproduction free from intrusion by the government.
ATTENTION: Comments are closed. You are viewing my old blog, archived for search engine purposes.
To view the new blog, please go to the homepage. To find the current version of this entry, search here.
Happened to come across your blog, not sure exactly how, and thought I'd comment on your 3/1 posting about the Catholic Charities case. While I generally tend to agree with your philosophy, I think you might be overlooking the obvious here - no employer, to my knowledge, is required to offer benefits (with the exception of negotiated labor agreements). Employers do so because society over the years has come to expect those things as fair compensation for employment. The Catholic Charities group is certainly free to offer employment at low wages (minimum or better) or with no benefits if they wish. The question is, why would anyone want to work for them? And if they would, what quality of work would those people likely perform, given that the more qualified candidates have probably taken jobs with better paying employers? This is in fact the free market at work, not government interfering in property rights.
Posted by: Dennis on March 2, 2004 06:03 PMDennis, I thought the news article was fairly explicit on this point. The California Supreme Court has decided that at least one of the labor laws on the books cover this charity and therefore it MUST offer certain kinds of employee benefits. That law is the Women's Contraception Equity Act. The charity could avoid this entirely by just dropping it's prescription drug coverage from it's portfolio of benefits since the law is predicated upon such a program being in place before it mandates female birthcontrol coverage...but even that is an infringement upon liberty and is deliberately intended to influence people's choices.
Some more analysis on the legal aspect:
http://www.nationalreview.com/comment/garnett200403030850.asp
http://www.nationalreview.com/comment/bernstein200403030852.asp