The problem here is not as easy.
First, no one is imposing their Catholic beliefs on anyone. Catholics, Muslims, Orthodox Jews and Orthodox Christians are defending their right not to pay for a product that they believe is immoral.
Second, the HHS mandate does not only affect Catholic institutions. It affects the average American entrepreneur. I know a Catholic man, father of five, who owns his own company with 12 employees. He is also a Secular Franciscan. He has told his employees that they will have to find other jobs come July 31, because he will not provide medical coverage for contraceptives, abortifacents and sterilization. However, since the law does not allow him to hire only faithful Catholics, he has only one option left. He has to comply with the mandate of the General Minister of the Franciscan Order that he not comply with this regulation, because it’s immoral. Therefore, he will be closing his business. Even if the employees agree to work for him, the government will penalize him for not providing said coverage. You’re going to have 13 families without income. Multiply that by the number of faithful Catholics, Muslims, Orthodox Jews and Orthodox Christian entrepreneur in this country and figure out how many people will be unemployed, penalized or forced to pay for something against the moral conscience.
During my first year teaching, my superior asked me to help a local Rabbi who ran a wonderful program for immigrant Jewish boys. These boys did not speak English. They needed a math tutor who spoke Hebrew and Yiddish. Being a Jew myself, I was asked to go there three afternoons per week to tutor the boys.
The rules of the Hasidim require that you cover your head even when indoors. So, I wore a kippah and did not wear my habit. No one forced me to accept the tutoring position. I wanted to be there. However, those are their rules. You wear a kippah and you do not wear a Catholic habit in the classroom. Interestingly enough, you may wear it in the temple, if you go for services, but not in the school. That’s another story. The point is that no one imposed their religious beliefs on me, because there was no law that required me to work for a Yeshiva. I went there with full knowledge of their rules. After all, I grew up Sephardi.
The same applies here. If the law were to say that you must notify the candidate that your benefits package does not cover these things, at the time that you make an offer of employment, that’s a fair law. It’s called full disclosure. There are no surprises. You’re not imposing anything on the employee. He can work for you or keep looking for another place of employment.
Had I found it offensive to take off my habit and to wear a kippah, I would have found another group of poor kids that needed help with math who were not Hasidim. There are millions of such kids in the USA.
Fraternally,
Br. JR, OSF