Much news has been made in regards to the recent policy of requiring all employers to provide health insurance covering contraception, including religious organizations who may have faith based objections to such services. This presents the question of "whose liberty comes first"? Does the Church’s freedom of religious expression come before the individual?
Though some have made this a discussion of contraception, the true battle in this is the place of rights, in fact the very definition of what a right is. For me the answer is simple, the right of faith and conscience is an unalienable right, regardless of who a person is how rich or poor or what type of life they have been born into, the right of mind always exists. On the other side these services are also a legal service and all are free and rightfully so, to participate or receive them if they chose. So the issue at hand is can one be forced to surrender their right in order for another to exercise theirs? The short answer is no, the right of mind and faith is inseparable, nobody has more of a claim to it then the possessor of it EVEN if it means another does not get to exercises a right as they wish. Since the actual ability to receive this service is not denied by the Church only that it will not participate the Church retains its right of mind. Nothing prohibits the receiving of these services, but you cannot separate another's right and compel them to go against their faith to enable another to use theirs. Nobody is compelled to be part of the Church it is the choice of theirs to join and seek employment if they desire. In joining they choose to abide by the faith of the Church. Because of this, the choice is made, and the freedom of the Church or ANY religion to practice as it believes correct (provided they do not infringe on the natural rights of others) must be protected.
The United States was Founded on the belief of religious freedom, many immigrated from Europe and elsewhere because this religious freedom was prohibited. To think the First Amendment was not designed to directly protect the right of conscience has forgotten our history and why our ancestors and founders and what they envisioned for all.
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