http://www.thepublicdiscourse.com/2016/04/16709/
… "arguments will be weighed on the scales of the “balancing test” set forth in the Religious Freedom Restoration Act (RFRA). RFRA states that the government may not “substantially burden” a religious person’s exercise of religion unless the burden (1) furthers a compelling governmental interest and (2) is the least restrictive means.Historically, when the government has prevailed in RFRA litigation, it has argued that the compelling governmental interest is very “heavy” and the implementing means are comparatively “light”—that is, the governmental interest is important enough to outweigh the burden imposed on religion.
Here, the government relied on a different, dangerous argument focused on the “substantial burden” component of the RFRA test: the Little Sisters are not “substantially burdened” by the HHS Mandate
because their religious beliefs are wrong—specifically, their religious theory of moral complicity.
The Little Sisters sincerely believe that the religious teachings of the Roman Catholic Church forbid them to sign the HHS form that authorizes and activates the dispensation of abortifacient drugs, thereby rendering them morally complicit in the destruction of innocent human life. Fifty Roman Catholic theologians and ethicists
signed an amicus brief stating that the Little Sisters’ opposition to the HHS mandate “reflects a reasonable application of principles of Catholic moral theology.”In response, the government argued that the Little Sisters’ sincere religious beliefs are wrong because the HHS forms place enough paperwork between the nuns and the abortifacient drugs to “wash their hands” of any moral complicity.
The government’s argument contravenes the First Amendment, RFRA, and Supreme Court cases interpreting the same. Whether analyzed under Free Exercise, Establishment Clause, or RFRA jurisprudence, American courts have never permitted the government to override a “substantial burden” argument by simply stating that the religious practitioner
wrongly perceives the burden placed on her faith.”…