OUR VIEW: Obama's constitutional error

President Barack Obama retreated on his administration's plans to force religious organizations -- primarily Catholic -- to offer contraceptive services to employees. The "compromise" would shift the responsibility to insurers, who would inform employees that free contraceptive services are available.

It's a bad compromise. The Obama administration needs to ditch its efforts to use government to coerce religious organization to offer contraceptives. The Constitution simply does not allow government the right to dictate to religious organizations in such a manner.

The "compromise" has not satisfied most Catholic bishops and it will not satisfy the U.S. Supreme Court, which will certainly overturn any effort to force a religious organization to offer contraception -- even through its insurer -- if there are moral objections. (We will point out there has been some bad information on this issue. For example, the claim that the Obama administration wants to force contraceptives on churches is false.)

On this issue, read the first clause of the U.S. Constitution's First Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The meaning is clear. Religion does not have to yield to the dictates of government. It doesn't matter that this editorial board, most Americans, and Catholics, support the use of contraception within health plans. Our Constitution dictates that religious groups do not have to suborn their most sacred beliefs to government pressure. Catholic organizations are not required to have health insurance programs that violate their church's beliefs.

Vice President Joe Biden and former White House Chief of Staff William M. Daley understood that concept, and tried to dissuade the president from starting this religious fight. But President Obama didn't listen, and now he'll be paying the price.

One irony of this dispute is that even if the administration ditches its plans, it won't prevent women from receiving the services. The vast majority of secular companies offer contraceptive health insurance services, and there are many organizations, including Planned Parenthood, that can make sure that these services are offered to those women who want them.

To sum up, this is a matter of constitutional liberty. If the Obama administration were to succeed in its purpose, it would set government on a higher moral plateau than religion. That's an overreach that we trust the courts won't allow.

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