Little Sisters of the Poor <br>Are Told by Government <br>Limits of Their Religion

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Who gets to decide what your religious beliefs are? Do you get to decide this yourself? Can you determine this in the privacy of your church, synagogue or mosque? Or does the Health and Human Services secretary, Sylvia Burwell, get to make the choice?

If you thought that you decide your own religious views, you haven’t been following the plight of the Little Sisters of the Poor. These Colorado-based nuns have the misfortune to fall under the 10th Circuit of the United States Court of Appeals.

On Tuesday the Sisters were dealt an astounding setback in their effort to avoid being co-opted by Obamacare’s birth-control mandate. The be-robed secular sages handed down a ruling that makes it clear the court believes the government gets to decide what is the Little Sisters’ faith.

George Washington may have once promised the Jews — and through them all religious minorities — that in America “every one shall sit in safety under his own vine and fig tree, and there shall be none to make him afraid.”

But the judges of the 10th Circuit don’t care for either the vine or fig tree or the fear of God. They don’t give so much as a single fig for the Little Sisters of the Poor and what the Sisters think God expects — or even requires — of them.

Last year the high court issued a rare injunction preventing the government from enforcing the birth-control mandate against the Sisters, who, it said, could simply send the government notice of religious objections. The government then changed rules.

So the Sisters fear that even giving the government a simple notice could be interpreted as a signal to others to initiate birth-control coverage or to take over management of the plan the Sisters are providing. They don’t object to their employees getting coverage; they just want to be left out of the process.

When the Supreme Court first took a look at this, it refrained from ruling on the merits. Instead, it bluntly blocked the government from enforcing the Obamacare contraception mandate against the Little Sisters, pending a ruling from the circuit court.

The move implied that the court thought the Little Sisters had a strong chance of success. But this week the 10th Circuit ruled that the government knows better than the Little Sisters what their religion requires.

It said the Little Sisters have to affirmatively give the government permission to use the Sisters’ health-care plans to provide birth-control coverage. If they refuse to authorize that, they will face crippling fines, meaning millions of dollars.

I’ve never met the Little Sisters of the Poor. But I don’t mind saying that, from a distance, I’ve come to like them. They’re like Rosa Parks: They’re standing up for many more Americans than themselves.

They’re up against, in the Department of Health and Human Services, a real government bully. The Supreme Court, in the Hobby Lobby case, already ruled religious companies and institutions can’t be forced to violate their beliefs.

That is not at issue here. The issue is who gets to decide what violates their beliefs. The Supreme Court was willing, at least in principle, to let the Sisters just send the government a note. They just had to say they had religious objections.

The Sisters did not have to expressly authorize the government to take over the health care they provide. But the government dug in its heels, apparently fearing that other religious people will emerge to defend their religious rights as well.

What’s so special about this case is that it’s purer than, say, the cake-bakers who don’t want to participate in same-sex weddings. In that instance, couples seeking to buy a cake are arguing that they, too, have rights at stake.

But who in the world would be injured if the Little Sisters’ religious objections were accommodated? Why can’t the government use its own, widely-touted health-insurance scheme without bullying the Little Sisters?

Little Sisters of the Poor have been caring for the neediest elderly for 175 years. The religious-liberties law firm representing them, the Becket Fund, calls the government’s attempts to crush the charity “a national embarrassment.”

No wonder. The Little Sisters fear that the government rules violate their religion. How in Heaven’s name can the government possibly know that it doesn’t? How can it tell the Sisters they are wrong? Is God talking to Sylvia Burwell?

This column first appeared in the New York Post.


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