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Does ObamaCare really violate the First Amendment?

Is it a fair game?

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I personally wish the US had a health care system like England has.

I don't see how it violates the First Amendment at all. The First Amendment enumerates the rights to freedom of press, speech, and religion. Nothing in the PPACA infringes on any of those rights.

Some religious leaders have argued that it's against their religion to have health care or use hospitals. This objection (typically by sects like the Amish or Christian "Scientists") is noted, and one can therefore avoid having to get health insurance if they can demonstrate that they are a part of one of these sects.

Other religious leaders have argued that the "contraception mandate" violates their freedom of conscience and that employers/religious owners of hospitals should not need to provide contraception coverage. This objection is ludicrous, as nothing forces THEM to use contraception, nor is there any allowance to deny health care to your patients/employees on the basis of religious discrimination, as it violates several other anti-discrimination/anti-establishment laws (as well as the first section of the Fourteenth Amendment, by some interpretations).

As the freedoms of speech and press are in no way affected by "ObamaCare", and as the only major religious objections have either been accounted for or rationally discarded, it's fine when it comes to the First Amendment. Other parts of the Constitution have been interpreted by non-scholars to insinuate that the "personal mandate" (aka the small tax on uninsured citizens) is unconstitutional, but the Supreme Court has already ruled that this is not the case and that the U.S. Government is within its rights to impose such a tax.

Actually, the argument that the ObamaCare mandates regarding abortifacients, sterilazion, and contraceptives violate the First Amendment has not been found to be ludicrous by the majority of the federal courts which have ruled in this issue.  Of the sixteen federal courts that have ruled on the issue, twelve have ruled the contraceptive mandate unconsitutional.  The question will surely be definitively decided by the US Supreme Court.

 

Hi Guys,

 

Sam here.  I'm the italki community manager and I moderate discussions like these.

 

Please remember to keep comments amiable and friendly.  We don't mind discussions like these as long as they don't turn into flame wars.

 

Happy discussing!!!!

 

 

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