When "Tolerance" Trumps Freedom: The Growing Threat to Conscience Rights

From Heritage.org

As Washington wrestled with a looming government shutdown last week, an Illinois trial court was grappling with the issue of religious liberty. Six years ago, Illinois established a rule that required pharmacies to fill prescriptions for emergency contraceptives. In an effort to save their careers, two pro-life pharmacists have fought an extensive legal battle asking the state to respect their religious objections to providing Plan B, an abortifacient drug. Last Wednesday, a circuit court upheld the rights of the two professionals, ruling that Illinois’ requirement violates both state conscience laws and the First Amendment’s guarantee of religious liberty.

As new Heritage research illustrates, threats to religious liberty are not confined to isolated incidents like the case in Illinois. Legislatures and court rooms across the country are facing new questions regarding individuals’ conscience rights, especially in health care, religious hiring, and sexual orientation nondiscrimination policies. Should medical schools force doctors and nurses to participate in abortions? Can faith-based organizations maintain religious hiring? The answers to these and similar questions will be vitally important to maintaining a free society that respects the personal beliefs of its citizens.

Concerns regarding religious liberty have also increased in recent federal policy. The Obama administration’s decision to weaken federal conscience regulations leaves much to be desired in protecting the rights of medical professionals. Likewise, the repeal of “Don’t Ask, Don’t Tell” has raised multiple questions regarding the religious freedom of military chaplains and service members.

The ability to work, live, and provide services compatible with one’s beliefs is essential for maintaining a just and free society. As social pluralism expands and moral consensus wanes, government protection of religious liberty and conscience rights will be increasingly vital to upholding civil society.