SilverBoat
Posts: 257
Joined: 7/26/2006 Status: offline
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quote:
ORIGINAL: DaddySatyr An employee of the church does not have to work there. They can go elsewhere for employment. No one's holding a gun to their head. In either case, they are free to live their lives any way they choose. They are not free to get the government to legislate that a church violate its own beliefs. (and that is the way the constitution works) The gun-held-to-head hyperbole again? ... Perhaps that's better than the rammed-down-throat that features so often in neocon rhetoric. The facts of matters involving employment, insurance, personal and family solvency, etc, are that "elsewhere for employment" is not always a feasible option. Between exclusions, delays, etc for new-hire-employees, pre-existing conditions, etc, not to mention the current scarcity of full-time positions, many persons or families well above median income would be bankrupted by any lapse in medical-insurance coverage. There are enough such instances of people who have-to continue working at the church or whatever that free-to-seek-other-employers is not really an excuse. With regard to what is and isn't in the constitution, as defined not only by its text but also by centuries of (often idiotic) court precedents, the government does have authority to define the terms under which contracts, such as employment, insurance, finance, etc may be agreed, even between private parties. For example, regardless of Kevorkian's (apparently?) benevolent intent, people who contract to kill or be killed are subject to criminal prosecution. The same authority applies to commercial dealings in automobile seat belts, bumpers and insurance, (sometimes with other idiotic results); the government can impose standards on contracts without regard for the 'moral' nuances or leverage the parties to them may try to exert. People are free to not use the seatbelts, and face whatever conseqences, but a road-legal vehicle can't be sold without them. On that basis, since medical-insurance is functionally a three-or-more-way commercial contract, the goverment can define what minimum medical-insurance covers, and the employer can either provide that or offer whatever monetary equivalent (or not) is needed to hire and/or retain workers. In this context, employees are not forced to use birthcontrol, but the medical-insurance can't be sold without it. I'm not going to cite reams of case law, but the courts settled all that a long time ago (although for other reasons entirely). ... shrug ... That whole mess reduces to a strong argument for single-payer medical-insurance, probably best funded by a minimally progressive tax on all net income/profits/gains of all persons (including incorporated 'persons'). But employers don't want that, as it'd reduce their retention leverage. Coupon-clippers and vulture-capitalists don't want that, as it'd cut into their tax-break subsidies. You're a smart guy, at least make sound arguments. Pax.
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