But an indirect requirement is less aggressive and humiliating than a direct one. This has become just another in a series of business mandates under Obamacare -- motivating eventual repeal instead of civil disobedience. And religious people could easily respond to overreach with overreach. Some conservatives argue that any business -- not just religious hospitals and charities -- should be able to withhold contraceptive coverage because of the beliefs of its owner. This is probably a bridge too far in our current cultural and political context. The defense of religious freedom unites. Opposition to contraception divides.
Obama has partially defused a crisis of his own creation. But some effects of his blunder will linger.
First, Obama has made clear who is part of his ideological coalition and who is not. Discussions on the structure and restructuring of the contraceptive policy were conducted between the administration and pro-choice and feminist groups. The people most directly affected by the mandate -- particularly the United States Conference of Catholic Bishops -- were not in the room. The administration engaged in no substantive consultation with Catholic bishops, who were only called to receive pronouncements. Interest group liberalism is alive and well in the Obama White House.
Second, the administration has consistently adopted and applied a view of religious liberty so narrow it imposes almost no limits on federal action. In the Hosanna-Tabor Supreme Court case, the Justice Department argued that there should be no "ministerial exception" at all -- a contention the court dismissed as "amazing." The modified contraceptive mandate still presupposes that religious liberty only applies to institutions whose primary purpose is worship, leaving every other religious institution vulnerable to future regulation.
Third, Obama has surrendered his main political appeal to religious voters from the last election -- his embrace of faith-based social service providers. Any attempt to repeat this outreach will seem absurdly disconnected from reality.
Fourth, with a single miscalculation, Obama has managed to unite economic and social conservatives in outrage against government activism and energize religious conservatives in a way Mitt Romney could never manage. Culture war debates in America are evenly divided. But the objects of culture war aggression do not easily forget.
If Obama is playing a political chess game, he has just sacrificed his queen, a rook and all his bishops. It would have to be a deep game indeed.
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