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Health care law forces church groups to cover birth control

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    Legal panel debates the controversy

  • Duration 4:57
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Don't escorted back in session on the docket today the Obama administration picking a fight with the Catholic Church.

Organizations with religious affiliations now required to cover free birth control for employees.

Not just that but sterilizations.

And the morning after pill.

That includes hospitals colleges and social service agencies with ties to the church.

It is a function of the president's health care overhaul and some are now vowing to pay the penalty instead of complying with the law.

He promised Catholics I will respect conscience rights.

And it -- Obama care was first proposed a number of prominent nuns and priests.

What along with him against the bishops they've now come on our side and say would be double cross -- in November.

Timothy Dolan the -- -- you walked out of the bishops conference cardinal designate.

Sat down -- president -- and was assured that he would get conscience rights to be respected and now we find out that that they're not.

Joining me now criminal defense attorney Joey Jackson and defense attorney mark I'd large.

Our guys we had bill -- on earlier and he -- railing about this with so.

Is the -- elect here in New York City nativity Dolan and other Catholic bishops who who met with President Obama.

And we're sure that there would be some sort of a balance this tidbit that they would strike and now say one year extension for us to comply with the law that would find unconscionable.

Is no solution at all Joey -- challenges legally because bill is predicting -- -- well.

Oh absolutely they can challenge it legally -- not only can they do that but they can be successful and here's why both of us know the First Amendment and we think of it as a free speech amendment but there's another component to at a very important component.

And that is the free exercise -- -- well the establishment clause what does it mean.

It means that all of us have a right to establish your religion and once we establish that religion we can practice it to the best of our ability whenever we want however we want.

Now what this does -- and it is if it -- that here's how it offensive.

What it tells you is that if you find providing preventative services morally reprehensible because your religious faith tells you so and you practice that religious faith value have the government mandating that not only are you going to provide these services you're gong to do what -- no cost and you don't feel like it.

That's offensive and not only that offensive but its constitutionally improper as a result of that -- and they will prevail in this lawsuit mark.

How can it be consistent with -- with the freedom of religion to require a Catholic hospital to provide pills that lead to abortions.

Because I think that the S Supreme Court -- he gets there will ultimately rule is that what we're doing is reporting women's rights.

First and -- -- -- -- -- is very clear I see merit in both sides of this argument and it's not a very easy decision but ultimately.

Women I think the court will rule.

Should not have to take a lower standard of health insurance nor should they be in a position to rob -- their employers to try to get contraception coverage.

It shouldn't have to happen that way I think ultimately.

That's -- this decision insurer won't be -- night would be jelly that the women don't have to choose to work to cap.

Hospital they don't have to choose to work at a Catholic university.

Where they know that there are going to be different police and and policies then -- have at a nondenominational.

Organize it I'll absolutely Magid -- right on point let's make no mistake about this and I know all markets have suspended in that manner and I respect that however tonight has nothing at all to do with -- Upgrading women's rights are downgrading -- right.

What has to do was it has to do what respecting religious freedoms if we work for our employers that employer happens to be of religious faith Catholic faith.

And they are of the view that preventative services is improper -- morally reprehensible to their religion.

They should be entitled to practice what they believe -- not be forced in imposed by a government that is not only regulating you and telling you what to do what how to do -- -- went to do with the providing that you pay for it there's nothing in the constitution that supports that and as a result of this Megan.

This will indeed be constitutionally determined to be and.

And mark you know that that that the Catholics are groups are gonna go in there and argue that this would never be done.

To a Muslim group to a Jewish group that there's something about Catholics and their belief against birth control and so on that some people feel -- easily targeted.

Yeah and I I can understand why they would make that argument I don't know that it will resonate with the -- I think this isn't necessarily about the employer's rights as it is about the employee's rights should the employers be able to cherry pick which.

Medications which procedures.

They believe -- so if they don't believe in chemotherapy or psychiatry.

I guess the employee doesn't get it.

I don't think so not bacon -- I don't think.

Has to do with that went back to stretch what it has to do what individual rights and freedoms relate that's gonna happen and those religious beliefs suggest -- say that this is morally reprehensible why should then the government force me.

To do something like that I think should.

Now while they will continue to fight this out it doesn't take effect for quite some time -- another year but -- We'll see don't they.

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