In a case involving the Catholic Archdiocese of New York, New York Eastern District Judge Brian Cogan handed down a decision to kill Obamacare’s contraception mandate. He based his decision on the constitutionally protected grounds for religious freedom.
Cogan is the first Federal judge to cite “freedom of conscience” as ample justification, on the part of the plaintiff, to refuse to implement portions of Obamacare which specifically violates their religious beliefs.
Cogan wrote that the mandate “directly compels plaintiffs, through the threat of onerous penalties, to undertake actions that their religion forbids.”
The text from the 1st Amendment of the U. S. Constitution is crystal clear on this point –
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Judge Cogan also noted that since millions of people, including thousands of non-profits and small businesses, have already been given exemptions (i.e. Hobby Lobby etc.) from Obamacare’s contraception mandate, the mandate is, for all intents and purposes, null and void. Judge Cogan wrote that it would be virtually impossible for any court to deny any plaintiff’s request for an exemption now that there are so many legal exemptions on the books.
In addition, Judge Cogan pointed out that the law requires organizations (i.e. religious,etc.) to sign an agreement for self-certification. This certificate states that the organization will provide contraception coverage for their employees but it fails to require the signees to take any action to implement that coverage! Cogan believes, that without any enforcement regulations, the mandate is not only seriously flawed but “totally ineffective.”
I believe this particular agreement not only smacks of outrageous limitations on the freedom of religious expression but goes one step further and reeks of religious intolerance as well. It goes well beyond just violating the 1st Amendment when it blatantly seeks to publicly humiliate Christians, by forcing them to become hypocrites on paper. Without the necessary enforcement regulations, public humiliation of Christians seems to be its only, and ultimate, goal.
Or, am I giving the government bureaucrats too much credit in the ‘clever” department, and instead, is the truth of the matter, that they simply have no idea how to implement the agreement? Well, this may very well be the case, but considering the Obama administration’s vocal disdain for Christians, my vote, in this case, is for the former, rather than the later.
Thank God there is at least one Federal judge left, in the Soviet Socialist Republic of the United States, who can still read the simple, straight-forward text of the U.S Constitution and comprehend its clear language, unencumbered by political correctness, liberal lunacy or social justice. And so, Judge Brian Cogan is truly a Good Guy. Hear! Hear!
Now, if we could just find a few thousand more of him, we’d all sleep better at night.