Sunday, November 27, 2011
Group fails to convince federal appeals court that God’s protection is better than health insurance
A U.S. Court of Appeals has rejected the arguments offered by five plaintiffs that the Affordable Care Act violates their religious freedom. The court ruled that Congress did not overstep its authority in requiring people to buy health insurance or in the alternative pay a shared responsibility payment beginning in 2014. The Affordable Care Act, which President Barack Obama signed into law on March 23, 2010 seeks to curb rising health care costs and provide greater coverage for the more than 45 million Americans who are uninsured. The ACA calls for a requirement that each individual obtain health care coverage or pay a monetary penalty. It is this mandate that the plaintiffs, who are represented by the American Center for Law and Justice, claimed in a 2010 lawsuit was unconstitutional. The ACLJ is a conservative legal group founded by evangelist, Pat Robertson.
The group argued they could afford health insurance coverage but chose not to purchase it because they believe God protects them from harm and therefore they have no need for health insurance. To purchase health insurance, they said, would conflict with their faith by insisting they perform an act “that implies they doubt God’s ability to provide for their health.” One plaintiff insisted that he so firmly believes in the importance of relying on God to maintain his health that he has instructed his family and friends that should he be stricken with a serious health issue they should pray for him and God will heal him of any conditions or diseases that may affect him.
The appeals court rejected this argument after finding the Act places no pressure on the plaintiffs to modify their behavior or to violate their beliefs because the ACA permits them to pay a shared responsibility payment in lieu of actually obtaining health insurance. The group claims the shared responsibility payment is a penalty for declining to “violate their faith.”
The government countered that health care is a unique market and that even though the plaintiffs allege they do not need health insurance, they can't ensure that an emergency might occur down the road where they will need medical care that could cost thousands of dollars. It pointed to studies that show the uninsured cost other market players nearly $43 billion in 2008. The appeals court determined that the Act does not place any substantial burden on the plaintiffs’ exercise of their faith and noted that even if it did, the requirement that they purchase health insurance or pay the penalty is the least restrictive means of serving a compelling governmental interest.
In my opinion, I feel the federal appeals court was correct in finding that the Affordable Care Act does not infringe on anyone's religious freedom. Anyone can choose not to participate, whether it be for religious or for other reasons. If an individual decides not to buy insurance then they pay a fee not to participate. That "shared responsibility" payment is something anyone, not just someone belonging to a religious group, will have to pay. There is no undue burden on those who, for alleged religious reasons decide not to buy insurance. Individuals are still free to believe whatever they want. The act does not force them to go to a doctor or to see medical specialists, but rather is mandating that all Americans share in the responsibility of working together to help get control over medical and health expenses that have been spiraling out of control.
It is interesting to note that the complaint and all of the subsequent court decisions do not mention what religion the plaintiffs who brought the case belong to. However, the arguments brought forth against the Affordable Care Act can be related to the views of the Christian Scientists. Like we learned in class about this group, they do not believe in medical intervention. To the Christian Scientists, God is the sole healer, thus in times of sickness, this group turns to prayers of healing rather than any form of medical aid. Whether or not the Christian Scientists are the group behind this case, I feel they, too would reject the ACA. Even though groups like the Christian Scientists exist, I stand behind the Federal Appeals court and believe that the Affordable Care Act is neither inhibiting religion nor infringing on beliefs, thus their religious freedoms are not being violated.
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