The USCCB Brief in Zubik v. Burwell | National Catholic Reporter

The USCCB Brief in Zubik v. Burwell | National Catholic Reporter by MSW. MGB: The implied theat in the USCCB brief is tacky and endangers the possiblity that the Church could ever be trusted to act entirely in place of the government in education, corrections and social services.  One almost hopes that the case will go against them (which it will) and that they try to make good on their threat - closing Catholic Charities agencies (they can't touch Catholic Health) that don't deny their female employees access to birth control.  I suspect that most of these organizations will reorganize as private charities with no connection to the local bishop and that would be a good thing.  It would be bad for the Lenten Appeal, however, since most people won't give without the Charities component - thereby defunding most dicoesan Offices of Pro-Life Activities.  For those of us who think these are GOP cells, it is worth the price of admission.



As for the form argument, its not a permission slip, its a doctor's note or parental absense excuse.  The Church really has no case and I wonder what the Amicus from the Solicitor General says.  I hope they address this Amicus.



The Church is essentially trying to undo Griswold v. Connecticut for its female workers (which established the right to privacy - meaning that some private conduct is beyond the reach of the government).  Currently, the payment for these services is organized under the color of federal action - and a win by the Church would essentially put the employer in the place of the state - and it would therefore partially overturn Griswold, which cannot be allowed.  This is another case where the Church is speaking religious freedom but actually meaning religious power.  I find no moral compunction to tell them no.