In Theory:Health care reform unconstitutional?

The health care reform measure passed by the House and signed into law by President Obama this week is being challenged by religious rights groups who claim that “the law treats religions unequally and forces adherents to be part of a healthcare system that violates their religious beliefs on abortion.” One lawsuit has been filed that claims “that forcing individuals to participate in a healthcare system that supports abortions violates their First Amendment right to freely follow their sincerely held religious beliefs.” Another lawsuit claims an “unconstitutional entanglement between government and religion” because some religious groups are exempt from participation in the new reform effort, but not other religious groups. What do you think? What serious religious implications exist here, if any, as a result of this new measure? Are there any moral or theological issues in the new measure that you would care to address?

Rabbi Simcha Backman: The First Amendment of our Constitution restricts Congress from enacting laws that favor one religion over another.

It is my understanding that after the passage of the healthcare reform legislation, President Obama signed an executive order specifically barring the use of federal funds for abortions. Even so, the mandate that everyone must have health insurance and “participate in a healthcare system that supports abortion” does not violate the First Amendment. While abortion is contrary to the religious beliefs of many Americans — and millions feel it is utterly offensive — the proposed law nevertheless applies equally to all citizens.

In my view, one aspect of the healthcare plan does raise a serious red flag when it comes to religious beliefs: The portion of the law exempting members of Amish and Mennonite communities from participating in the national healthcare system. This clause seems to be a clear case of government favoring the religious beliefs of some groups while ignoring the spiritual sensitivities of others. I feel this is an issue that Congress must address, since their constituents deserve an honest answer to this dilemma.