“Effectively, the mandate prohibits us from asking what we’ve asked for more than 200 years, “Are you hungry?” Now we also have to ask, “Are you Catholic?” To qualify for the exemption, and so to be permitted to follow their beliefs, Catholic institutions may have to stop providing educational opportunities to as many non-Catholics as they currently educate, stop serving as many non-Catholics in need as they currently serve, and stop employing some of the non-Catholic employees they currently employ. But this kind of withdrawal from the world violates our religious commitment to serve all in need without regard to religion.
The exemption also involves an invasive federal government inquiry into an organization’s religious beliefs and practices, conferring powers on government forbidden by the Constitution. Specifically, for an institution to know whether it meets the government’s definition, it must submit to a governmental investigation whereby federal employees determine the religion of those employed and served by the entity, whether their beliefs are the same as the institution, and whether the institution hires and serves “primarily” those of in agreement.”
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