But violating freedom of religion violates that separation.
Sure does. So, if the government were, say, mandating that Catholics TAKE birth control, we'd have a problem. Luckily, the government's not doing that - it's just saying that Catholics cannot impose their opposition to birth control on non-Catholics.
The Establishment Clause is about the government, not private industry.
And this current political fight pertains to government-mandated health insurance. I get that you oppose that anyway on unrelated grounds. But given its existence, the government cannot grant exemptions that amount to state-sponsored imposition of religious morals. The government cannot say "It is okay for employers who follow the following religions to refuse to allow their employees health insurance coverage for the following medications and procedures," because then the government is making laws respecting the establishment of religion.
Except the First Amendment protects the religious from the government. Again, if we're talking separation of church and state, if we're talking about the free exercise of religion...
Sure, it protects the religious from the government. It also protects the differently-religious and non-religious from the religious, by ensuring the the government isn't throwing its weight behind one religion's mandates.
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timeasmymeasure
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Date: 2012-03-07 03:02 am (UTC)Sure does. So, if the government were, say, mandating that Catholics TAKE birth control, we'd have a problem. Luckily, the government's not doing that - it's just saying that Catholics cannot impose their opposition to birth control on non-Catholics.
The Establishment Clause is about the government, not private industry.
And this current political fight pertains to government-mandated health insurance. I get that you oppose that anyway on unrelated grounds. But given its existence, the government cannot grant exemptions that amount to state-sponsored imposition of religious morals. The government cannot say "It is okay for employers who follow the following religions to refuse to allow their employees health insurance coverage for the following medications and procedures," because then the government is making laws respecting the establishment of religion.
Except the First Amendment protects the religious from the government. Again, if we're talking separation of church and state, if we're talking about the free exercise of religion...
Sure, it protects the religious from the government. It also protects the differently-religious and non-religious from the religious, by ensuring the the government isn't throwing its weight behind one religion's mandates.