The Little Sisters of the Poor: Religious Freedom?

On May 16, 2016, the Supreme Court made a ruling on Zubik v. Burwell, unanimously deciding that the Little Sisters of the Poor should not be fined for their denial of the HHS Mandate, but rather, accommodated for their religious beliefs. After a five year long battle, the overturning of lower court rulings was a huge win for the Little Sisters, although there is a long way to go.

What is the HHS Mandate? The Mandate is a part of the Affordable Healthcare Act, also known as Obamacare, which essentially forces all employers to provide free contraceptives, abortion-inducing drugs and sterilizations, even if the employer objects for moral or religious reasons.

Who are the Little Sisters of the Poor? Why do they care? The Little Sisters are a 175 year old Congregation of Religious Sisters. They currently have 30 homes for the elderly in the United States. Because of their work, they are not only employees, but employers which is where the problem began. In the early stages of Obamacare the Little Sisters were not asked to provide services that contradicted their faith, but this soon changed. As soon as the Sisters realized, they pulled back, around November of 2013. The U.S. Government continued to insist that covering contraceptives, no matter the religious affiliation, was ‘necessary’ to the Health coverage plans. The Gov’t also fined the Little Sisters 70$ Million a year unless they changed their plan.

Where’s the evidence? Throughout the Trial, the Little Sisters claimed they “are not trying to prevent the government from providing these service, but object to the government’s insisting the Little Sisters provide them”. They claimed this with the following evidence:

1. ⅓ of Americans are not covered by this mandate, because of exceptions the Federal Government has made to the mandate. For example, the government struck a deal with Exxon, Pepsi and Visa, allowing them not to change their healthcare plans. The U.S Military was also exempt from this, and it is the largest single employer in the world!
2. As SCOTUS suggested, the U.S. gov’t can make insurers offer independent coverage to any women who want these services. This is more that do-able, since the Federal Gov’t currently provides separate contraceptive only coverage to MILLIONs of Americans via Medicaid. The gov’t even admitted to this in their briefing.
3. Since the Gov’t have offered to reimburse the costs of the services, they should have no problem offering them in a different forum, leaving the Little Sisters out of it.

So? What happened?? May of 2016 was a HUGE win for the Little Sisters, as SCOTUS largely ruled in their favor. In the end, they told the Gov’t that they couldn’t fine the Sisters for refusing the Mandate, and instead had to find a way to protect religious beliefs. In the court’s own words: the government needs “  “to arrive at an approach going forward that accommodates the petitioner’s religious beliefs.”

Religious Discrimination? When the Sisters first brought their cases to SCOTUS, there was a national outcry, arguing that the HHS Mandate violated the First Amendment. Just take a look at the national headlines to get a clearer picture:

Government's Contraception 'Opt out' Form Reads and Acts More Like a Permission Slip

Obamacare Collides with Religious Freedom

Obamacare's Birth Control 'Exemption' Still Tramples on Rights

What does the Church make of all this? At the end of the day, the HHS Mandate clearly violates the Little Sisters first amendment rights. On their website, the Little Sisters claim they are not only defending themselves, but also religious liberties everywhere. In a way, they also suggest they are helping the U.S. Government by ‘reminding’ them not to infringe upon religious liberties. This type of assistance lines up perfectly with what the Church teaches, specifically in Gaudium et Spes.  In Vatican II’s Pastoral Constitution, the Church asserts that “in our times, a special obligation binds us to make ourselves the neighbor of every person without exception and of actively helping his where he comes across our path…” (27). This is exactly what the Sisters say they are striving to do; They are not only trying to help others physically in the nursing home, but trying to encourage their religious beliefs and promote religious tolerance across the country. They are actively helping those who come across their path, which in this case, in the U.S. gov’t. Even in this legal battle, they are still striving to help others, including those who persecute them.

Works Cited:

For more information, check out: http://thelittlesistersofthepoor.com/#supreme-court-ruling

http://www.nationalreview.com/corner/435446/little-sisters-poor-just-beat-obama-administration-supreme-court

Gaudium et Spes, Section 27.