Congressman Gowdy Grills Secretary Sebelius on HHS Mandate

Embarassing may be too kind a word for this performance by Health and Human Services Secretary, Kathleen Sebelius, who testified at a hearing before the House and Education Workforce Committee that there was a lack of constitutional analysis done when drafting the HHS contraceptive mandate.
Sepacoresays...

Gowdy Grills "When a state banned a practice of animal sacrifice and a religious group objected, it went to the supreme court. Do you know who won that?"
Kathleen Sebelius "I do not sir"
Gowdy Grills "The religious group won"

Gowdy Grills "I think the state has an important interest in having license tags on automobiles so law enforcement can know who they're dealing with. When a religious group objected to having a certain license tag on their cars, it went to the supreme court. Do you know who won?"
Kathleen Sebelius "I do not
Gowdy Grills "The religious group won"

Groups given exceptions to compassionate/reasonable behaviors/expectations because they say they're religious.. this type of occurrence is wrong for Governments to allow/support when they are supposed to be doing what's best for all citizens, not letting some groups who have a personal preference get away with things that would put anyone else in jail. When it comes to physical well-being/suffering or reasonable safety/accountability, those who have their personal preferences that oppose such rational positions need to pull their heads in.

I'd like/hate to see what would happen in a supreme court case where a religion stated "it's my religious right to kill that person/human because of my holy doctrine".
Where the same situation occurred but with animals, and the group were authorized to carry out their murders.

More relevant to the HHS mandate, if someone doesn't want to use contraceptive, they don't have to just because it's covered in their universities/schools health plans by government policy. The government is trying to give people the option. Catholics could exercise their abilities to be devout to their subscribed belief system and simply not use the contraceptives.

shinyblurrysays...

I think you may be missing the point of what the Congressman was getting at, and especially what rights we have under the constitution. Are you aware of what the free exercise clause is about?

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"

Every person is guaranteed the right to practice their religion free from government interference. This is a fundamental right for every citizen, and religious liberty is one of the principles this country was founded on, if you know your history.

Here is a basic description:

"The Free Exercise Clause . . . withdraws from legislative power, state and federal, the exertion of any restraint on the free exercise of religion. Its purpose is to secure religious liberty in the individual by prohibiting any invasions there by civil authority.”227 It bars “governmental regulation of religious beliefs as such,”228 prohibiting misuse of secular governmental programs “to impede the observance of one or all religions or . . . to discriminate invidiously between religions . . . even though the burden may be characterized as being only indirect.”229 Freedom of conscience is the basis of the free exercise clause, and government may not penalize or discriminate against an individual or a group of individuals because of their religious views nor may it compel persons to affirm any particular beliefs.230 Interpretation is complicated, however, by the fact that exercise of religion usually entails ritual or other practices that constitute “conduct” rather than pure “belief.” When it comes to protecting conduct as free exercise, the Court has been inconsistent.231 It has long been held that the Free Exercise Clause does not necessarily prevent government from requiring the doing of some act or forbidding the doing of some act merely because religious beliefs underlie the conduct in question.232 What has changed over the years is the Court’s willingness to hold that some religiously motivated conduct is protected from generally applicable prohibitions"

Now, when you say Government should do what's best for "all citizens", what you're really saying is that Government should do what's best for "some citizens", because most citizens of this country are religious. Over 80 percent of us profess to be Christians, and that doesn't include all of the jews, muslims, hindus etc. Clearly, what's best for most citizens is the guarantee of religious liberties, a constitutional principle which, again, is at the heart of why we even have a United States of America.

As far as human sacrifice goes, that is what the Congressman meant when he spoke of the balancing test in regards to constitutional law. The Supreme Court decided for instance, on balance, that the fact of polygamy would harm the interests of the United States more than it would be compromising the the religious liberties of mormons. Allowing people to murder one another for a religious ritual would be in that category. This is not something the Supreme Court does lightly; on the main, they rule in favor of religious liberty.

So, while you may prefer a secular country with secular values, that isn't where you were born. This country was founded on freedom, not secularism. If you want to tamper with that, you are on a slippery slope to totalitarianism.

As far as contraceptives are concerned, the government is treading on the religious liberties of catholics by forcing them to carry contraceptives in their health plans. Changing the rule so that they are distributed for free changes nothing, because the catholics will have to pay higher premiums, and also because some catholic institutions have their own private carriers, which means they will have to pick up the tab. They shouldn't be forced to violate their conscience and pay for contraceptive use, and the Supreme Court will agree with that when they hear the case.



>> ^Sepacore:
Gowdy Grills "When a state banned a practice of animal sacrifice and a religious group objected, it went to the supreme court. Do you know who won that?"
Kathleen Sebelius "I do not sir"
Gowdy Grills "The religious group won"
Gowdy Grills "I think the state has an important interest in having license tags on automobiles so law enforcement can know who they're dealing with. When a religious group objected to having a certain license tag on their cars, it went to the supreme court. Do you know who won?"
Kathleen Sebelius "I do not
Gowdy Grills "The religious group won"
Groups given exceptions to compassionate/reasonable behaviors/expectations because they say they're religious.. this type of occurrence is wrong for Governments to allow/support when they are supposed to be doing what's best for all citizens, not letting some groups who have a personal preference get away with things that would put anyone else in jail. When it comes to physical well-being/suffering or reasonable safety/accountability, those who have their personal preferences that oppose such rational positions need to pull their heads in.
I'd like/hate to see what would happen in a supreme court case where a religion stated "it's my religious right to kill that person/human because of my holy doctrine".
Where the same situation occurred but with animals, and the group were authorized to carry out their murders.
More relevant to the HHS mandate, if someone doesn't want to use contraceptive, they don't have to just because it's covered in their universities/schools health plans by government policy. The government is trying to give people the option. Catholics could exercise their abilities to be devout to their subscribed belief system and simply not use the contraceptives.

Sepacoresays...

Good response and cheers for the 'Free exercise clause' description, i was aware of most of the general concepts but it's been a while since I've seen any text outlined.

Re my "all citizens" comment, 2 points:
1. You're right, i don't mean "all citizens", i phrased my sentence carelessly. This would be impossible given subjective experience alone, as two humans can't agree on every single point imaginable and when discussing the more extreme subjects and positions in terms of difference with a population of 400+ million, it can at times get to a legal level and someone is not going to get their way.
2. You took a piece of what i said and ignored the rest (no intention of disrespect, just prerequisite), there was a very specific definer to my point.. "When it comes to physical well-being/suffering or reasonable safety/accountability". This is what my 'all citizens' comment was relating too, albeit in another sentence (the following sentence).

imo: So long as a practice (religious or otherwise) doesn't unreasonably or unnecessarily increase the suffering of another (not limited to humans), or by same definitions doesn't decrease the well-being of another, then go nuts, do what you want and enjoy life.

imo: teaching children or the ill-informed that contraception's are bad, evil, a sin, something to avoid, dangerous, spreads diseases (specific to condoms), is something to be ashamed/disgusted of/by, that users should be viewed negatively in relation to, or access to should be denied/resisted.. is horrible, deceitful and/or spreading of ignorance.

Also I agree that the Supreme Court will support religion on this matter.

Discuss...

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