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When Religious Freedom Came Under Attack -- in America

: Terence P. Jeffrey on

When the Center for American Progress held an event last month to highlight the release of its report on religious liberty in the United States, Sen. Chris Coons (D-Del.) was the keynote speaker.

"Authoritarianism seeks to compel, seeks to repress, seeks to prevent free thought, free worship, free expression," Coons said in his address.

"Religious freedom, as I've said, is a fundamental threat to authoritarianism," he said, "and it is because of our commitment to a freedom of faith that we are also, as a nation, committed to an equality of all."

"So, I think it is the job of a senator to hold fast to the foundational freedoms of our republic," he said. "I think freedom of religion is among those most basic and eternal. And I think when we fail to remember that and to give it life, and purpose, and meaning, we no longer deserve the freedoms for which our forebears fought. To defend our nation and what it means is to defend religious freedom. To defend our Constitution is to defend religious freedom. To defend religious freedom is to defend ourselves, our future, and our very republic."

This was a profoundly ironic declaration from a senator who once used his position to promote one of the federal government's most egregious attacks ever on the freedom of religion.

After former President Barack Obama signed the Patient Protection and Affordable Care Act in 2010, his administration issued a regulation under that act that required health insurance plans provided by private companies to cover "(a)ll Food and Drug Administration approved contraceptive methods."

However, some of these FDA-approved contraceptive methods did not actually prevent conception; they acted instead as abortifacients -- killing a newly conceived human being.

The Green family, who owned Hobby Lobby Stores, Inc., and the Mardel chain of Christian bookstores, would have been required under the Obamacare regulation to include these FDA-approved abortifacients in the health insurance plans they provided to their employees. They fought the federal government in court to protect their religious liberty -- and the case went all the way to the Supreme Court.

"Respondents' religious beliefs prohibit them from providing health coverage for contraceptive drugs and devices that end human life after conception," they said in a brief provided to the court. "Yet, the government mandate at issue here compels them to do just that, or face crippling fines, private lawsuits, and government enforcement."

In their defense, the Green family specifically cited the Religious Freedom Restoration Act of 1993, which defends the First Amendment. This law, sponsored by then-Rep. Charles Schumer of New York and signed by then-President Bill Clinton, prohibited "any agency, department, or official in the United States or any State (the government) from substantially burdening a person's exercise of religion even if the burden results from a rule of general applicability," said its summary. It provided just one exception to this prohibition: The government could "burden a person's exercise of religion" if it "furthers a compelling government interest" and "is the least restrictive means of furthering that compelling government interest."

In their brief to the Supreme Court, the Greens stated that they had "organized their businesses with express religious principles in mind."

"The Greens each signed a Statement of Faith and a Trustee Commitment obligating them to conduct the businesses according to their religious beliefs, to 'honor God with all that has been entrusted' to them, and to 'use the Green family assets to create, support, and leverage the efforts of Christian ministries,'" said their brief.

"'(T)he Greens allow their faith to guide business decision for both companies,'" it said.

"Respondents also refrain from business activities forbidden by their religious beliefs," it said.

 

The family's brief then specifically explained why they could not follow the Obama administration's "contraception" mandate.

"Respondents believe that human beings deserve protection from the moment of conception, and that providing insurance coverage for items that risk killing an embryo makes them complicit in abortion," it said. "Hobby Lobby's health plan therefore excludes drugs that can terminate a pregnancy, such as RU-486. The plan likewise excludes four drugs or devices that can prevent an embryo from implanting in the womb -- namely, Plan B, Ella, and two types of intrauterine devices."

"Respondents' religious beliefs will not allow them to do precisely what the contraceptive-coverage mandate demands -- namely, provide in Hobby Lobby's health plan the four objectionable contraceptive methods," said their brief.

The Supreme Court ruled 5-4 in their favor. Justice Samuel Alito wrote the majority opinion.

The "Greens have a sincere religious belief that life begins at conception," Alito wrote. "They therefore object on religious grounds to providing health insurance that covers methods of birth control that, as HHS acknowledges ... may result in the destruction of an embryo. By requiring the ... Greens and their companies to arrange for such coverage, the HHS mandate demands that they engage in conduct that seriously violates their religious beliefs."

"The contraceptive mandate, as applied to closely held corporations, violates RFRA," Alito concluded.

Coons, who now positions himself as a champion of religious liberty, was an active opponent of the Supreme Court decision defending that liberty.

Just 10 days after the court's decision, he joined Sen. Bernie Sanders (I-Vt.) and 44 other Senate Democrats in cosponsoring a bill -- the Protect Women's Health From Corporate Interference Act -- designed to reverse the court's decision.

"A woman's choice in birth control should be between her and her doctor, and the religious beliefs of the woman's boss should have no role in it," said Coons in a press release about his cosponsorshp. "The Supreme Court's decision in Burwell v. Hobby Lobby fundamentally discriminates against women, particularly those who lack the financial means to pay for contraceptive care out of pocket."

This bill, which would have forced the owners of family businesses to act against their religious beliefs, fell four votes short of the 60 needed for cloture.

Coons, who now argues that to "defend religious freedom is to defend ourselves, our future, and our very republic," was joined by three Republicans, two independents and 50 fellow Democrats in voting to advance it.

To find out more about Terence P. Jeffrey and read features by other Creators writers and cartoonists, visit the Creators webpage at www.creators.com.

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Copyright 2026 Creators Syndicate, Inc.

 

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