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Bethany Blankley

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The Biblical Civil Disobedience Mandate

Posted: 02/ 6/2012 3:35 pm

A well-known lawyer, Clarence Darrow said, "As long as the world shall last there will be wrongs, and if no man objected and no man rebelled, those wrongs would last forever."

The question of wrongs and objection exist today -- now surrounding the U.S. Department of Health and Human Resources' (HHS) Interim final rule, which amends a provision of the Patient Protection and Affordable Care Act (PPACA). The rule requires employers to provide health insurance that covers certain preventative services for women, including contraception, sterilization and abortifacients, in accordance with the Health Resources and Services Administration (HRSA) guidelines. It also allows HRSA the discretion to exempt religious organizations from these guidelines.

However, the exemption is moot because the law's definition of "religious" is flawed. It defines a religious employer as having as its purpose to 1) cultivate religious values, 2) primarily employ people who share the organization's religious tenets and 3) primarily serve people who share its religious tenets.

The problem with this is obvious: churches may be exempt from the requirements, but religious universities, hospitals and organizations are not. This poses a serious crisis of conscious for religious employers. If they follow the law and provide "preventative services" for free to their students, employees, or clients, they go against the very beliefs they and their organizations espouse.

If religious employers refuse to provide these services, they will be required to pay a hefty fine to the government, which could ultimately put their organizations out of business, thereby eliminating the services they offer.

Religious employers could invoke the "conscience clause," which permits medical and healthcare providers to not offer certain medical services due to a particular religious belief, and exempt themselves from the rule, but this would require them to turn away patients, students or clients of other faiths, and force them to go against their beliefs in so doing. For Christians, employing their employees, serving their patients or clients, and or offering education to their students is a form of worship and obedience to God.

All three options violate the viability of a religious organization's purpose. There is no way they can follow both the law and their faith, and if they disobey the law they face potentially life-altering consequences for themselves and others.

In response, two schools have sued -- Belmont Abbey College, a Catholic School in North Carolina, and Colorado Christian University -- and the U.S. Conference of Bishops has announced that they will fight the law.

Christians have biblical precedent to non-violently object and rebel against a wrong they perceive goes against what the Bible teaches. For example, in the New Testament, examples exist in which the laws of the day prohibited early Christians from following what their faith commanded them to do. In A.D. 44 the apostles were brought before the Council of the Sanhedrin, an assembly of judges, for performing miracles (Acts 3:1-4:22) and for preaching the gospel of Jesus Christ in Jerusalem, against their orders. The apostle Peter responded to their accusations by saying, "We must obey God rather than men" (Acts 5:29). Instead of killing them, the Sanhedrin beat the apostles and then released them.

Likewise, in the Old Testament, examples exist in which the laws mandated that believers commit an act that went against what their faith commanded them to do. Circa 539 B.C., during the reign of Darius the Mede, that is the reign of Cyrus the Persian, Daniel, a Hebrew exile who had been chosen to serve in the court of the king, found himself in a crisis of conscience. The king whom he served decreed that everyone in the land could not pray to a god other than himself. Daniel could not follow this law because of his belief in God and continued to pray to God. The punishment for breaking the law was death by being thrown into a lion's den. God preserved Daniel's life by closing the mouths of the lions, Daniel was restored to his role with the king, and the king changed the law and acknowledged Daniel's God "as the living God" (Daniel 6).

In more modern times within a democratic context, Christians have looked to the examples of the Rev. Martin Luther King Jr. and other religious people who joined him in the fight against segregation.

In all of these examples, those committed to their beliefs were willing to die for them. Their motivation was not to change the law but to follow their conscience and accept the consequences of not following the law, which often led to persecution, jail and, for numerous martyrs, death. Religious organizations, hospitals and universities are justified in not following the new HHS rule as their conscience dictates and their faith demands.

 
 
 
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03:32 PM on 02/08/2012
People must learn and except that theology belongs only in the pulpit. your freedom of conscious is personal, it cannot and will not be public policy. I know the numerous great things the church has done in and for our society as well as in the world– every faith has contributed good works. But that still does not grant them the right to espouse their beliefs in public policy. They have no final say.
My privacy, and my choice to take birth control or have an abortion, trumps your conscious because I don’t have to take it under consideration it is your belief and it is not sanction by a secular society. It is the law and a mandate and it protects individual rights and not the theology of the faiths.
10:21 AM on 02/08/2012
It's Health and Human SERVICES not Resources. Probably an important thing to get correct in your story.
10:50 AM on 02/07/2012
I think its awful to lose our freedom of religion. Although some of the activities Catholic organizations perform are secular they should still be exempt these activities such as school are done to give others freedom of religion. Catholics have catholic school so they can learn catholic values without having them be taught in public schools. I know that some of my fellow liberals view religion as a 'sham' but to force their view on others is a violation of rights. If you are a non-catholic and want birth control work for a non-catholic organization. Do not force an organization to pay for something they are opposed to, you are forcing Catholics into a corner and it is unfortunate. Legislating broadly without regard to religion forces religious organizations to work to change the entire law. Now instead of those working for Catholic organizations not getting birth control, Catholics and other Religious organizations must work to repeal anyone from getting birth control. I voted for Obama but this may cause my vote to go to a third party candidate.
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09:41 AM on 02/07/2012
If one take money from the government than one should be obliged to accept it's laws. This topic is unfortunate. The Bible teaches the church is supposed to take care of the sick. If some of the mega churches that are bringing in billions of dollars were to group together, build and staff hospitals and clinics, there wouldn't be this issue For example, Joel Osteen Ministries out of Houston, Texas alone could build multiple hospitals according to his comments on Oprah regarding his billion dollar empire. What is the church doing to provide for it's sick?
03:21 AM on 02/07/2012
Notwithstanding wild cries to the contrary, THE HEALTH CARE LAW DOES NOT FORCE EMPLOYERS TO ACT CONTRARY TO THEIR BELIEFS--unless one supposes the employers' religion forbids even payment of money to the government (all of us should enjoy such a religion). In keeping with the law, those with conscientious objections to providing their employees with qualifying health plans may decline to provide any health plans and pay an assessment instead or, alternatively, provide plans that do not qualify (e.g., without provisions they dislike) and pay lower assessments.

Questions about the government requiring or prohibiting something that conflicts with someone’s faith are entirely real, but not new. The courts have confronted such issues and have generally ruled that the government cannot enact laws specifically aimed at a particular religion (which would be regarded a constraint on religious liberty contrary to the First Amendment), but can enact laws generally applicable to everyone or at least broad classes of people (e.g., laws concerning pollution, contracts, fraud, crimes, discrimination, employment, etc.) and can require everyone, including those who may object on religious grounds, to abide by them. Were it otherwise and people could opt out of this or that law with the excuse that their religion requires or allows it, the government and the rule of law could hardly operate.
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turf1
01:10 AM on 02/07/2012
The civil rights movement was not intended to be a for profit service as the organizations mentioned above are. These hospitals do not exclusivly serve people of the same religion and have evolved into profit driven companies and should no longer be granted religous status.Besides, if some of these hospitals truly are worried about religious ethics then why do they accept some of the immoral decisions that insurance companies mandate? These bible schools get nothing from the Federal government right? No grants, no federal subsidized loans, no research money? There has been so much focus on the diffent groups that receive entitlements and yet religuos groups beleive they are entitled to mandate public policy while not putting any money in the kitty. These organizations cannot make it financially on just their specific group so they have to rely on customers that are outside of their religion. Guess what that makes these places a public company not a church. Dont like the federal regulations? Then get out of business. As far as religious colleges, if they do not want to follow the rules then do not grant them acreditation, grant money, or studen loans to their students. Let the churches support their organizations and students by themselves.
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Find the Truth
Spencer and Little Girl
12:41 AM on 02/07/2012
Freedom of conscience for a like minded group is fine....It does NOT mean that the groups conscience can be forced upon the rest of society through manipulation of their health insurance options. The Constitution not only safeguards freedom of religion but also freedom FROM religion!
11:28 PM on 02/06/2012
There is nothing more that some christians to love than to play martyr every chance they get. Denying women contraceptive coverage is not non-violent civil disobedience, it's targeted discrimination that causes harm to those patients and employees that you claim to love and serve.

Break the law if you'd like, but you will be held liable for the consequences, and hey you'll get feel even more martyred when you do. Perhaps that will free up government funds to go back to the community hospital model in which one needs only to provide the best medical care possible without having to kowtow to delusional religious zealots.
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Gaidheal
Normal is way over-rated
11:02 PM on 02/06/2012
Here's the problem. These are not inwardly focused organizations. That is, they serve people outside their group. People of other faiths, or no faith at all. They are public institutions, for all the public. And they request payment for their services. Once you step outside a purely religious activity, you no longer have the full protection of respect for their specific beliefs, but must conform to the general standard of society as a whole. It must be this way because otherwise it opens it up their imposing their religious standards on others. In the case of a hospital, especially one in a poorer area, where else can people go for care? Is it right to impose your religion's view on family planning issues, as an example, to people who may have only you as a provider? I don't think so.
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raker
09:51 PM on 02/06/2012
If there is a medical service that a physician or pharmacist would deny a patient because of their religious beliefs, it would follow that the patient seeking the service has a contrary religious belief. So, denying them the health care they desire is to deny them their religious liberty. It is the provider's job to serve the patient's needs, not the other way around.

Providers who take their religious beliefs into account when they serve patients have no business working in health care. Take away their licenses.
09:18 PM on 02/06/2012
When I was around 10, my step-grandmother explained to me how only white people go to heaven, and all non-whites automatically go to hell (in fact, all the various rules about being "saved" are only applicable to white people, because non-whites are already damned)...in fact (according to her), this is even spelled out in the bible, except they use words like "the righteous and the wicked" to differentiate between white people and everyone else.

There was a catch though. Even if you were white, you could still go to hell if you were not racist enough (I'm paraphrasing here). SO, if this woman dared to treat non-whites as equals, she would be (in her words) "no better than a n***er" and would be forced to spend eternity in hell with all the other non-white and/or non-racist white people (which I'm sure would be hell for them).

---------------
Since this was a sincerely held belief, and she believed her soul was on the line, would it be acceptable for others of her faith to turn away non-whites or deny them medical care?

After all, she didn't "want" to be racist, she simply had no choice because that's what God demands of all of his followers, as it was explained by (my favorite part) the Totally White Jesus (yes, there was a completely white guy born in the middle east, and "that's how people knew" he was really the son of god).
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BigLittle
09:11 PM on 02/06/2012
"Their motivation was not to change the law..."

She says that Martin Luther King was not trying to change any laws.

The rest of the article struck me as equally credible.
08:55 PM on 02/06/2012
My master plan is to become a Pharmacist and then convert to Christian Science.
I will refuse to fill your prescriptions but I will pray for you.
That's the Catholic bishops idea of freedom of religion.
They are free to do whatever they want to in their churches, but if they want to operate businesses like hospitals or adoption agencies, they have to follow the same laws as everyone else.
Otherwise, they can exercise their 'civil disobedience" by getting out of those businesses,
the way Catholic "Charities" got out of the adoption business.
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demisfine
Often correct, NEVER right.
08:40 PM on 02/06/2012
Maybe when the Catholic Hospitals stop accepting the Medicare payments from the government they can decide how to cover their non-religious employees.
Or pay taxes on all the real estate they own.
11:29 PM on 02/06/2012
It would be interesting to see how exactly they'd be able to operate their hospitals and other organizations without employees who don't follow their religious dogma.
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demisfine
Often correct, NEVER right.
08:13 AM on 02/07/2012
My guess is way more employees do not follow the religion as devoutly as the leaders believe.
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demisfine
Often correct, NEVER right.
08:38 PM on 02/06/2012
Why should my freedom of religion be overruled by my employer's freedom of religion?
How can the fact that I earn my living in a Catholic Hospital limit my access to insurance benefits?
Where does this stop?
What if an employer hates smokers? Can they deny access to smoking cessation help?
Can they deny diabetes care, because the employees should take care of their health through diet and exercise?
My employer should offer me equitable insurance benefits. If I choose to access certain aspects of the insurance policy, it is a benefit I have earned as an employee.
The employer should not get to rule over my life outside of work.
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Michael Sandy
12:13 AM on 02/07/2012
Can a Mormon run company ban off-hours drinking by its employees? By its customers? Can it ban gambling? How about porn?

You can't violate the law just because your religion says you can or should. Besides, if these ARE Christian organizations, remember that Jesus said "Render unto Caesar what is Caesar's". And when you are dealing with matters of commerce, you are dealing with matters of Caesar, not matters of GOD.
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demisfine
Often correct, NEVER right.
08:11 AM on 02/07/2012
Michael, we appear to be in complete agreement.