Seth Mandel writes at Commentary online:

The fact that the Supreme Court will hear a religious freedom-based challenge to the ObamaCare contraception mandate is the kind of story that possesses significance likely beyond any volume of coverage it will receive. Indeed, while liberal activists will repeatedly try to cast this in the mold of the fictional “war on women,” their own arguments reveal just how far-reaching a definitive ruling on this would be for American religious and political practice. …

Liberals have a curious definition of rights. Last night … the birth-control activist Sandra Fluke [said] on MSNBC …

There’s an attack on allowing employers to be required to provide this insurance coverage on insurance that employees pay for, at the same time that there’s an attack on public availability through clinics.

One more time: [Fluke reckons that] there’s an attack on allowing employers to be required to provide this insurance.

To the left, there is no freedom without government coercion. … That’s the argument the left is running with: they want you to be forced to provide the funding for even their most private activities; only then will you be truly free.

But Fluke isn’t the only one making this argument. … [In] an MSNBC roundtable on the issue … the panelists are panicked at the thought of affording Americans full religious liberty because, essentially, it’s then a slippery slope to protecting all constitutional rights. And then – mayhem, or something:

“This is another reason why we should have moved toward a single payer system of health coverage, because we’re just going to end up with one challenge after another – whether it’s in the courts or outside of the courts – and I just don’t see an end to this,”  [Bob] Herbert submitted.“We’re already on the slippery slope of corporate personhood,” he continued. “Where does it end?”

“Where does it end” is the attention-getter in that comment, but I think Herbert’s plea for single-payer health insurance is just as telling. Put the government in charge of the country’s health care, Herbert argues, because then it will be much more difficult for Americans to “challenge” the government’s infringement on their freedom. It’s not just legal challenges either. Herbert says those challenges can be brought “in the courts or outside of the courts,” the latter perhaps an allusion to the shady world of participatory democracy.

So this is much more than a fight over birth control, or even health insurance. It’s about two fundamentally different views on American constitutional freedoms. Conservatives want those freedoms to be expansive and protected, as the Founders did. Liberals want those freedoms to be curtailed lest … the democratic process imperil the state’s coercive powers.

Thus far we agree with Seth Mandel. We are for individual freedom: the Left (whether it calls itself liberal or progressive or socialist) is not.

Free people can say what they like and do what they like (short of interfering with anyone’s else’s freedom), and that means they can believe anything they like, worship anything they like or nothing at all, make and follow any self-imposed rules they like. They only mustn’t impose their rules on anyone else, or if they’re in a group on anyone outside it.

If the government pays for everyone’s health care, it will claim the right to dictate how everyone must live in order to stay healthy. Paying for health care is the quickest way for a government to become a dictatorship. That is why government should not be the paymaster for health care.

But now the article changes from making good sense to arguing a spurious case for religion as a brake on government power:

The Founders saw religious freedom as elemental to personal liberty in America. But they were not alone in thinking that unimpeded religious worship was a guard against an overly ambitious or arrogant national government. As Michael Burleigh writes about the role of religion in post-French Revolution European politics, with a supporting quote from Edmund Burke:

The political function of religion was not simply to keep the lower orders quiescent, as has been tiresomely argued by generations of Marxists, but also to impress upon those who had power that they were here today and gone tomorrow, and responsible to those below and Him above: “All persons possessing any portion of power ought to be strongly and awfully impressed with an idea that they act in trust, and that they are to account for their conduct in that trust to the one great Master, Author, and Founder of society.”

Guarding against ambitious and arrogant government was not at all the point of allowing religious freedom in America. Allowing freedom and establishing participatory democracy set limits on government power, but the idea that the unleashing of all religions was done to ensure some sort of cumulative force for restraint is absurd.

Edmund Burke was an important philosopher of Conservatism. But that assertion of his does not stand up to examination. Were the popes and primates of the Catholic Church ever restrained in the way they exercised their nearly totalitarian power by remembering that they were “here today and gone tomorrow”? That they would have to “account for their conduct” to their Master, Author or whatever else they called their god? No, they were not. Nor did their actions ever suggest that they thought they “ought to be”. They carried on, and expected their successors to carry on, in the well-established tradition of compulsion by terror.

Mandel goes on:

Religion was not the “opiate of the people,” intended to keep them in line. It was, rather, to keep the government in line. This was not a revolutionary idea; it predated the American Constitution, certainly. As Francis Fukuyama writes in The Origins of Political Order: “The existence of a separate religious authority accustomed rulers to the idea that they were not the ultimate source of the law. The assertion of Frederic Maitland that no English king ever believed that he was above the law could not be said of any Chinese emperor, who recognized no law other than those he himself made.”

The medieval Church kept everyone in line, monarchs and people alike, as firmly as it could. It did exercise a brake on the powers of the secular rulers. (One famous example: King Henry II of England felt that he had to submit to the humiliating punishment imposed on him by Pope Alexander III for letting his knights murder Archbishop Thomas Becket in 1170.) But it is also true that the secular rulers exercised a brake on the power of the Church. There was a long sustained secular-papal power struggle (manifested notably, for instance, between the Pope-supporting Guelphs and the Emperor-supporting Ghibellines in Italy, a struggle that lasted from the 12th to the 15th centuries).

The Church or the belief in a Heavenly Judge had nothing whatever to do with English kings accepting that the law was above them. Magna Carta held them to it, and it was issued by King John in 1215 without any help from the Church.

Mandel seems to be trying to build a case – which he touches on by mentioning the Founders, but then wanders off it – that the liberty-enshrining Constitution of the United States was a product of the religiousness of those who framed it. The Constitution itself said no such thing. Individuals among the framers may have thought they were carrying out their God’s will when they wrote it – who  can know? But what is certain is that they were inspired by the secular ideas of the Enlightenment – ideas which broke the power of the Churches forever. With all due respect to Edmund Burke – it was especially in post-French Revolution European and American politics that religion had no significant role.

If rulers are to be restrained by anything, it must be by the people they rule: by the democratic process that Mandel himself refers to.

“God” is superfluous to democracy, to justice, and to freedom. In his – ie the Church’s – long reign over Europe, there was no democracy, no justice, and no freedom. And wherever else religion dominates to this day, there is only oppression, injustice, subjugation and fear.