Religious freedom must be protected

The United States was founded in part on the idea of religious freedom. It is no coincidence the First Amendment to the Constitution ensures the 'free exercise' of religion. However, two cases argued before the Supreme Court this week will test whether this basic right truly extends to all Americans, or if the federal government now has the power to force individuals to violate the tenants of their faith.

The cases of Sebelius v. Hobby Lobby and Conestoga Wood Specialties v. Sebelius will decide the constitutionality of a provision of the Affordable Care Act, or Obamacare, which forces employers to provide their employees government approved insurance plans or pay a tax. Hobby Lobby and Conestoga Wood Specialties are contesting this provision because they object on religious grounds to some of the coverage the law requires them to provide such as abortion-inducing drugs.

These minimum coverage requirements are enforced with a significant penalty which actually encourages employers to offer no insurance at all rather than offer insurance without provisions they find objectionable. The tax on employers for violating this provision of the law is $100 per day, per employee, or $36,500 per year. For Hobby Lobby this tax would amount to $475 million per year. If the company offered no insurance coverage at all to their employees, they would pay a $26 million tax; a massive fine for simply having a conscience objection.

While many Americans disagree on the morality of certain drugs and procedures, we should all be able to agree no one should be forced by the federal government to do something they find objectionable. After considerable controversy and public attention, the department of Health and Human Services agreed to give non-profit religious employers such as Catholic churches and schools, an exemption from these provisions. The Department inexplicably did not extend the same consideration to private employers with strongly held beliefs such as Hobby Lobby.

All Americans are entitled to freedom of religion and to rights of conscience - even if they are a private sector employer. This principle is why I signed an amicus brief in support of the Hobby Lobby and Conestoga Wood Specialties cases against Obamacare. I am also a cosponsor of the Rights of Conscience Act which would repeal this mandate. It is only fair to give private sector employers the same flexibility to ensure religious freedom, as the Administration has already given to non-profit employers.

One-size-fits-all, government mandated health care plans are also bad business. The insurance market works better when employers and individuals are given the choice to purchase plans which match their unique needs, budgets, and beliefs. The market should be driven by options, not government mandates.

These cases also further demonstrate the problems which arise from the ever-expanding role of the federal government. As government grows more powerful and tries to regulate more aspects of our economy and daily lives, conflicts will inevitably arise between personal freedom and the interests of government. The founders of our nation understood this concept, and intentionally set up our system of government to protect the God-given freedoms of individuals.

Conscience rights are among the most basic American ideals, and must be preserved. I am hopeful the Supreme Court will strike down this mandate and uphold religious freedom for all Americans.