Category Archives: Courts

Health Care Bill Amish exemption, Religious exemption

The tax and control bill referred to as the Health Care Bill by Obama and the Democrat Congress, is clearly unconstutional on many levels. For some reason the word treason also comes to mind.

Reported here, March 25, 2010.

“Well, I have done it! I have read the entire text of: The Affordable Health Care
Choices Act of 2009. I studied it with particular emphasis from my area of
expertise, constitutional law. I was frankly concerned that parts of the
proposed law that were being discussed might be unconstitutional. What I found
was far worse than what I had heard or expected.
To begin with, much of what has been said about the law and its implications is
in fact true, despite what the Democrats and the media are saying. The law does
provide for rationing of health care, particularly where senior citizens and
other classes of citizens are involved, free health care for illegal immigrants,
free abortion services, and probably forced participation in abortions by
members of the medical profession.
The Bill will also eventually force private insurance companies out of business,
and put everyone into a government run system. All decisions about personal
health care will ultimately be made by federal bureaucrats, and most of them
will not be health care professionals. Hospital admissions, payments to
physicians, and allocations of necessary medical devices will be strictly
controlled by the government.
However, as scary as all of that is, it just scratches the surface. In fact, I
have concluded that this legislation really has no intention of providing
affordable health care choices. Instead it is a convenient cover for the most
massive transfer of power to the Executive Branch of government that has ever
occurred, or even been contemplated. If this law or a similar one is adopted,
major portions of the Constitution of the United States will effectively have
been destroyed.”
Constitutional attorney analysis of Health Care Bill

Will the Amish and other religious sects be exempt from this bill?

Michelle Malkin reported the following on Hanuary 12, 2010.

“There’s a religious exemption from the Demcare insurance mandate”

“I think there’s going to be a wave of religious conversions this year. The Watertown Daily News reported this weekend that Amish families can claim an exemption from the Demcare’s planned government health care insurance mandate as a matter of faith:
Federal health care reform will require most Northern New Yorkers — but not all, it turns out — to carry health insurance or risk a fine.
Hundreds of Amish families in the region are likely to be free from that requirement.
The Amish, as well as some other religious sects, are covered by a “religious conscience” exemption, which allows people with religious objections to insurance to opt out of the mandate. It is in both the House and Senate versions of the bill, making its appearance in the final version routine unless there are last-minute objections.
Although the Amish consist of several branches, some more conservative than others, they generally rely upon a community ethic that disdains government assistance. Families rely upon one another, and communities pitch in to help neighbors pay health care expenses.
…Lawmakers reportedly included the provision at the urging of Amish constituents, although the legislation does not specify that community and the provision could apply to other groups as well, including Old Order Mennonites and perhaps Christian Scientists.”

Read more:

http://michellemalkin.com/2010/01/12/theres-a-religious-exemption-from-the-demcare-insurance-mandate/

From Get Religion March 24, 2010.

“Religious exemption in health care reform?”

“The Goshen News starts with a straightforward headline, “Health care reform and the Amish: What will it all mean?” and a lede that made me cringe:
With his long gray beard, plain clothes and lack of electricity, David Yoder of rural Middlebury hardly seems like someone who would know much about government issues.
But the rest of the article delivers, answering questions that other newspapers have left dangling out there. Turns out the House’s bill had a religious conscience clause that may exempt most Amish families. But that may not extend to younger Amish who have yet to officially join the church and likely wouldn’t exempt Amish-owned businesses.
Here’s what Third District Congressman Mark Souder told the paper’s Gary Kauffman:
Souder says there probably will be no compelling reason to give Amish business owners an exemption simply based on their faith.
“There probably will not be a way to exempt them any more than we can exempt Mennonites or others,” he said.
Souder said the Amish, along with other conservative groups, like Orthodox Jews, have been a topic of discussion already.
“The fundamental question is, ‘Is religious freedom trumped by a public health care program?’” he said. “There will be a religious liberty fight, but the Amish likely will be part of a bigger category than just themselves.””

Read more:

http://www.getreligion.org/?p=29649

From a comment recently posted there.

“12. Amish says:
March 26, 2010, at 1:05 am
Section 1501 is the correct section for Religious Exemptions. I work for one of the Old Order Mennonite / Amish health care sharing plans and we are a 501 (c) 12. Not a 501 (c) 3. We chose the c 12 over the c 3 designation because we don’t function as a charity and it would be dishonest to say we are a charity when we are not. We are a cooperative and cooperate among ourselves to meet our health care expenses. Many of the health care sharing plans are not registered with the IRS at all or are 501 (c) 12’s. Writing the law to allow only 501 (c) 3’s a religious exemption is in fact not allowing the Amish and Old Order Mennonites any exemption at all.”

I will continue to seek clarification on the religious exemption. If you have any knowledge on this subject, a response is appreciated.

Brethren, let us pray.