Judge Andrew Napolitano

But that resistance reached unconstitutional proportions a few weeks ago when Health and Human Services Secretary Kathleen Sebelius, herself a Catholic, issued regulations that require all employers in America to provide health insurance that makes contraceptive materials and devices available to their employees. The "all employers" includes Catholic universities, Catholic hospitals, Catholic schools and even local Catholic churches. The failure to comply with this law will result in a fine to these institutions and the provision of contraceptive coverage to their employees by the government itself.

This is quite literally Congress making a law that interferes with the free exercise of religion. This is not about the morality of contraception. This is about the constitutionality of government coercion, coercion of religious institutions, coercion directly and profoundly prohibited by the Constitution itself. The motivation for the coercion -- that Catholics have too many babies -- is reprehensible, and those in government who embrace that and are willing to use the power of government to resist that should be voted out of office. But the coercion is the same as that faced by the folks who seceded from England because of the king's tax to pay for his church.

We have a king today, and he wants a tax to pay for his church. The king is the president, and his church is called Obamacare. We can't let this happen here. This is not just a Catholic issue. This is an issue about whether the Constitution means what it says. Does the Constitution let the government compel Jews to eat pork, or Protestants to genuflect, or Muslims to own dogs, or Catholics to pay for contraception? The answer is obvious.


Judge Andrew Napolitano

Judge Andrew P. Napolitano is the youngest life-tenured Superior Court judge in the history of the State of New Jersey. He sat on the bench from 1987 to 1995, during which time he presided over 150 jury trials and thousands of motions, sentencings and hearings. He taught constitutional law at Seton Hall Law School for 11 years, and he returned to private practice in 1995. Judge Napolitano began television work in the same year.