On Wednesday night we reached the high and the low, so far, in the debate over the Obama administration’s requirement that Catholic institutions that employ non-Catholics include contraception coverage in their health insurance policies.
The high, in terms of reason and clarity, came from famed attorney David Boies on MSNBC’s “The Last Word.” Lawrence O’Donnell has let male “liberal” pundits like Mark Shields wax a little shrill on his show, but to his credit, he offered the best rebuttal to all the shrieking I’ve seen so far: Boies calmly and clearly explaining the new regulations as an issue of labor law, and the government’s regulation of employers (relatively minimal, compared to other countries) on issues of health, safety and non-discrimination.
I’ve tried to make the same points: What if Catholics didn’t believe in child labor laws? Would we let church-run agencies flout them? Boies used the example of a religion that believed people shouldn’t work after age 60: Could they legally ban older people from employment? Of course, they could do neither. This is indeed an issue of religious freedom: the freedom of non-Catholics not to be bound by the dictates of the Catholic Church in the workplace.
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