ObamaCare Ruling Unconstitutional, Part 2

11 Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, 565 U.S. ____ (slip op., at 9) (quoting Letter from James Madison to Bishop Carroll (Nov. 20, 1806), reprinted in 20 Records of the American Catholic Historical Society 63-64 (1909)).

12 Kedroff v. Saint Nicholas Cathedral of Russian Orthodox Church in North America, 344 U.S. 94, 116 (1952).

13 In his Amendments to the Virginia Declaration of Rights, Madison wrote: “That Religion or the duty we owe to our Creator, and the manner of discharging it, being under the direction of reason and conviction only, not of violence or compulsion, all men are equally entitled to the full and free exercise of it according to the dictates of Conscience.” See also, William Penn’s exhortation that “liberty of conscience [means] not only a mere liberty of the mind, in believing or disbelieving . . . but the exercise of ourselves in a visible way of worship.” (As quoted inThe Heritage Guide to the Constitution, ed. Edwin Meese III, 308 (2005)); and John Adams’ view that “It is the duty of all men in society, publicly, and at stated seasons, to worship the Supreme Being, the great Creator and Preserver of the universe. And no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worshipping God in the manner most agreeable to the dictates of his own conscience; or for his religious profession or sentiments; provided he doth not disturb the public peace, or obstruct others in their religious worship.” John Adams, Thoughts on Government, 1776.

14 “HHS Birth Control Mandate Is ‘Attack On Our Religious Freedom’,” Most Reverend Kevin C. Rhoades, Bishop of Ft. Wayne-South Bend, February 1, 2012, available at http://www.todayscatholicnews.org/2012/02/unprecedented-attack-on-our-religious-liberty/ as of February 7, 2012.

15 Corporation of Presiding Bishop of Church of Jesus Christ of Latter-day Saints v. Amos, 483 U.S. 327, 336 (1987) (emphasis added).

16 Statement of U.S. Department of Health and Human Services Secretary Kathleen Sebelius, January 20, 2012.

17 Statement of U.S. Department of Health and Human Services Secretary Kathleen Sebelius, January 20, 2012.

18 Statement of U.S. Department of Health and Human Services Secretary Kathleen Sebelius, January 20, 2012.

19 Hosanna-Tabor Evangelical Lutheran Church v. EEOC, 565 U.S. ___ (slip op., at 10) (2012).

20 Hosanna-Tabor Evangelical Lutheran Church v. EEOC, 565 U.S. ___ (slip op., at 8-9) (2012). The Court went on to explain:

Requiring a church to accept or retain an unwanted minister, or punishing a church for failing to do so, intrudes upon more than a mere employment decision. Such action interferes with the internal governance of the church, depriving the church of control over the selection of those who will personify its beliefs. By imposing an unwanted minister, the state infringes the Free Exercise Clause, which protects a religious group’s right to shape its own faith and mission through its appointments.

Hosanna-Tabor v. EEOC, 565 U.S. at 13 (2012).

21 Hosanna-Tabor Evangelical Lutheran Church v. EEOC, 565 U.S. ___ (slip op., at 5) (Alito, J., concurring) (2012).

22 Hosanna-Tabor Evangelical Lutheran Church v. EEOC, 565 U.S. ___ (slip op., at 1) (Thomas, J., concurring) (2012).

23 Hosanna-Tabor Evangelical Lutheran Church v. EEOC, 565 U.S. ___ (slip op., at 1) (Thomas, J., concurring) (2012).

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