First Things has published a video (also available after the break) in which Eric Metaxas, author of Bonhoeffer: Pastor, Martyr, Prophet, Spy, takes a shot at what Bonhoeffer might have said about the Health and Human Services mandate that has raised such a furor and so many questions related to individual liberty vs. religious liberty as well as the common good. Some of you might remember Metaxas from his prayer and presentation at the National Prayer Breakfast. It might also interest some of you to know that Metaxas did–and as far as I know, still does–attend the Episcopal Church of Calvary-St. George’s in New York.
At any rate, I left the following comment on the post over at First Things, and I think it expresses my ambivalence on this question quite well. On the one hand I am uncomfortable with the government taking on greater and greater authority to define the boundaries of religious institutions and their functions. On the other, I’m not quite certain that the “cooperation with evil” portion of the argument against the Health and Human Services mandate rings true. Perhaps that’s because I think simply existing in our society means we cooperate with evil every day (that’s something i think Bonhoeffer would agree with), so we have to b careful how we frame these sorts of arguments. Additionally, I think a good argument can be made for the mandate from the area of supporting the common good of our society (many of the treatments covered by the mandate will serve to improve overall health and may, if statistics are any guide, actually result in fewer abortions as well as better overall health for women). At any rate, here’s the text of my comment:
In many ways it seems that the most troubling part of the mandate is that it draws the circle even more narrowly in terms of what sorts of organizations are considered religious organizations and, as has already been mentioned, unnecessarily and harmfully forces religious institutions to weigh whether they can in good conscience offer services for the public and the common good.
At the same time, David Nichol is right that there are always certain agreed upon restrictions to religious liberty. For example, I imagine far fewer Americans would find it problematic to require employers–including non-profits–that were associated with the Jehovah’s Witnesses to provide for blood transfusions than there are folks who find the contraception/sterilization/abortion issue problematic. A lot more could be said about this, but where I really have the question is in another arena.
The public conversation has focused on who pays for specific treatments etc…, and whether it is moral or constitutional to mandate that a religious institution provide insurance that covers procedures or treatments that they find objectionable rather than on the question of who defines religious institutions. The deeper question, to my mind, is related to individual choice. Insurance is a benefit that is simply one part of a persons compensation, and many people put forward a certain amount of their monetary compensation to pay for a portion of their own insurance. If it is morally objectionable for an institution to pay for an insurance policy that would, in the event the individual chose to avail themselves of a certain service, cover a treatment that the employer felt was immoral, then why is it *not* morally objectionable to provide a salary to a person who might go out and choose pay for the same procedure out of pocket. Simply having the option of having a treatment covered by insurance doesn’t mean that a person will choose to use it, and not covering it doesn’t ensure that a person might not use other resources provided by their employer to attain it. In the end, it seems that they are the same degree of separation away and the real issue is that an institution is employing folks whose moral reasoning they find questionable or lacking.
[Note: as one commentator pointed out on the First Things blog, the claim that certain medicines are actually abortifactants is debated, both because of definitions of abortion (i.e., is the prevention of implantation abortion) and because studies differ on whether they cause abortion after implantation]