Sebelius v. Hobby Lobby

Staver: Democrats' Response To Hobby Lobby Ruling A Result Of God Giving 'Them Over To A Reprobate Mind'

In response to the Supreme Court's decision in the Hobby Lobby case, Democrats in Congress put forth legislation that would require most employers to provide contraception regardless of religious objections, which Mat Staver said is the result of liberals rejecting God and having been given over to a "reprobate mind."

Claiming that liberals are throwing "an absolutely hissy conniption fit" about the Hobby Lobby ruling because they have now lost a small amount of control over Christians, Staver's ho-host Matt Barber was mystified as to why Democrats are now "trying to force others" to participate in murder by requiring business to cover certain type of contraception that some believe cause abortions.

But Staver knew exactly why this is happening, citing the Book of Romans which "talks about people who ultimately give up the idea of God as the creator and they worship the created things rather than the Creator and God gives them over to a reprobate mind."

"You can't understand a reprobate mind," Staver said, "so you can't get logic out of them ... you can't reason with them."

Eventually those who have been given over to the reprobate mind embrace, celebrate, and promote evil and "that is what we're seeing today" and Christians "can't begin to understand that logic":

Barber: Hobby Lobby Decision 'Bodes Very Well' For Christians Who Want To Discriminate Against Gays

In the wake of the Supreme Court's Hobby Lobby decision, Miranda noted how anti-gay activists were excited by the prospect that the decision had set a precedent that could now be used to exempt Christian businesses from having to comply with anti-discrimination laws when it comes to issues like gay marriage.

On today's "Faith and Freedom" radio broadcast, Liberty Counsel's Matt Barber addressed exactly this issue, saying that he is hopeful that anti-gay Christians will now have a solid defense when they refuse to "be an indentured servant" by providing services to "a counterfeit gay marriage" because this ruling was "a strong rebuke of all those sexual orientation laws around the country in cities and municipalities and states that say somehow gays win, Christians lose, sexual orientation trumps all."

"This decision, if you read between the lines," Barber asserted, "it says religious freedom is sacrosanct, including for the business owner."

Saying that nowhere in the Constitution does it say that Christians are required to participate in sin by providing services for a gay wedding that mocks God, Barber believes that this decision "sends a strong signal" that religious liberty is protected by the Constitution and by law while sexual orientation is not.

"Clearly the First Amendment and RFRA, the Religious Freedom Restoration Act, read through the prism of this decision," Barber said, "I believe bodes very well for Christians who say 'we will not partake and give any recognition to fake same-sex marriage'":

Unpacking Hobby Lobby & Other SCOTUS Decisions: PFAW Member Telebriefing

Yesterday, People For the American Way members participated in a special telebriefing to discuss the Supreme Court term that wrapped up this Monday and to unpack some of the critical decisions handed down by the Court this year. The call, which was kicked off by PFAW President Michael Keegan and moderated by Director of Communications Drew Courtney, featured Senior Fellows Jamie Raskin and Elliot Mincberg, as well as Executive Vice President Marge Baker.

Discussing Burwell v. Hobby Lobby, Raskin explained the case and the damaging implications of the 5-4 decision. Highlighting the “extreme and extravagant” claim made by Hobby Lobby that its religious rights were violated, Raskin described the court’s decision that the Religious Freedom Restoration Act covers “closely held” corporations and noted that this creates a “dangerous expansion of corporate personhood.” Raskin described how this exemplifies the Court in the Citizens United era, where the far right Justices regularly find ways to rule so they can enhance the power of corporations.

Mincberg also provided background on RFRA and explained how the law was distorted and expanded in this decision far beyond what anyone had in mind when it passed by an enormous bipartisan majority 20 years ago.

Members wanted to know what actions can be taken to help address the imbalance in the Court and the troubling decisions made by the Roberts’ Court in the last few years. Baker addressed the issue of rebalancing the Court, emphasizing the importance of presidential elections on the Court’s make-up.

The telebriefing also covered the recent decisions in McCullen v. Coakley, NLRB v. Noel Canning, and Harris v. Quinn, underscoring the Court’s decisive move to the right.

Listen to the full audio of the telebriefing for more information.

 

PFAW

FRC Finds Majority Side With Hobby Lobby If You Lie To Them

In his email to members last night, Family Research Council President Tony Perkins continued to crow about the Supreme Court’s Hobby Lobby decision, claiming that “an FRC-commissioned poll [found] that 53% of voters (including 50% of women!) disapproved of the idea that employers' should have to pay for workers' sexual decisions.”

“So if there is a war, it’s on the facts,” he concluded.

Indeed.

As it turns out, the FRC poll that Perkins cites, which was taken in December of last year, got its results by simply lying to respondents about the content of the contraception insurance mandate.

The pollsters asked respondents whether they supported or opposed the "mandate which requires that all private healthcare plans, including both employer based health plans and individual market health plans, cover preventative care services for women, which includes all FDA approved contraceptives, including drugs that can destroy a human embryo, and sterilization services without a direct cost to the patient."

In reality, none of the contraceptives covered under the HHS mandate “destroy a human embryo” — even if Hobby Lobby’s “sincerely held religious beliefs” hold otherwise.

As the Public Religion Research Institute found, when you poll people about the contraception coverage mandate without lying to them, a comfortable majority support it.

How the Hobby Lobby Majority Distorted RFRA — and Why That’s Dangerous for All Americans

In its 5-4 ruling  today in Hobby Lobby, the Supreme Court’s right-wing majority played fast and loose with the Religious Freedom Restoration Act (RFRA), the law that provided the basis for the claim that religious liberty rights conflicted with the Affordable Care Act (ACA). As Justice Ginsburg’s dissent pointed out, the clear language and history of RFRA stated that it was intended to “restore” the protection of religious liberty that the First Amendment provided before Justice Scalia’s infamous decision in Employment Division v. Smith, which said that there was no protection for religious people whose religious practices were substantially burden by general laws. As a participant in drafting and helping get support for RFRA in the 1990s, I can testify personally that this was true. The broad coalition of groups and legislators – from PFAW to the National Association of Evangelicals, from Orrin Hatch to Ted Kennedy – would never have agreed otherwise. But the 5-4 majority in Hobby Lobby nevertheless claims that RFRA was, in Justice Ginsburg’s words, “a bold initiative departing from, rather than restoring, pre-Smith jurisprudence.”

This twisting of RFRA was significant in two ways to the Hobby Lobby result. First, it allowed the majority to rule that for-profit corporations like Hobby Lobby could claim rights under RFRA. As Justice Ginsburg pointed out, the Court had never so ruled before, since religious liberty protection properly belongs to individuals and religious institutions like churches. Second, it led to the majority’s ruling that there was a “substantial” burden” on religious exercise in the case, based on the claim that the religious beliefs of Hobby Lobby’s owners were offended by the ACA requirement. As Justice Ginsburg explained, pre-Smith law made clear that this kind of mere conflict with religious beliefs was not enough to prove a substantial burden. Instead, a requirement must actually restrict or burden  “what [the person] may believe or what he may do.” Under this analysis, Ginsburg explained, any burden in this case was too attenuated to be substantial. After all, Hobby Lobby was not required to purchase or provide contraceptives, but simply to deposit money into undifferentiated funds that finance a wide variety of benefits; it was up to individual employees whether to utilize contraceptives.

These concerns are much more than historical or theoretical. First, the majority’s rationale could deprive millions of Americans of contraceptive or other coverage under ACA. Even if restricted to closely held corporations, more than 50% of all American workers work for corporations that could similarly claim under Hobby Lobby that their religious beliefs are sincerely offended by providing coverage for contraceptives or other services, and that would be enough to trigger RFRA. Second, if a corporation can prove it is substantially burdened under RFRA because its owners or board have a sincere religious objection to a government requirement, they can make exactly those claims to try to exempt themselves from anti-discrimination and other workers’ rights laws. The Hobby Lobby majority tried to downplay this concern by Justice Ginsburg, but specifically mentioned only that laws banning racial discrimination should be safe from this claim. For example, what about laws banning discrimination based on gender and sexual orientation? The 5-4 majority opinion is almost an invitation to businesses to further distort RFRA by making such claims.

 

 

PFAW Foundation

African American Ministers on Hobby Lobby: Employers Shouldn’t Be Able to Dictate Women’s Health Decisions

WASHINGTON – In response to today’s 5-4 Supreme Court decision in Burwell v. Hobby Lobby Stores, Inc., the female clergy members of People For the American Way Foundation’s African American Ministers Leadership Council released the following statement:

“In today’s Hobby Lobby decision, the men of the Supreme Court’s conservative majority took special pains to argue that companies can’t dictate all of their employees’ health decisions, just those about women’s health.

“This is a full-scale attack on women, and it’s unacceptable. Today’s ruling threatens to prevent countless women from accessing the reproductive health services they need. Women’s health decisions should be between them and their doctors, not them and their employers.

“As faith leaders, we are deeply concerned about the distortion of the concept of religious liberty in today’s decision. Allowing corporations to infringe on the rights of their employees in the name of religious freedom is not what our Constitution’s framers had in mind, and it’s not in line with our values as Americans.”

###

Did Hobby Lobby Majority Undercut Its Own Argument?

The majority contradicts its own rationale for why Hobby Lobby won't open the floodgates to RFRA claims by large, publicly-traded corporations.
PFAW Foundation

Hobby Lobby: 'Closely Held' Does Not Mean 'Mom and Pop'

In the Supreme Court’s decision in Hobby Lobby, the Court held for the first time ever that a for-profit corporation counts as a “person” under the Religious Freedom Restoration Act and that a “closely held” corporation basically shares the religious exercise rights of its owners.  This leads American law into a treacherous minefield, as Justice Ruth Bader Ginsberg made clear in her dissent.

It’s worth pointing out, as Justice Ginsberg also noted, “’Closely held’ is not synonymous with ‘small.’” Hobby Lobby is a massive corporation employing some 13,000 people, but there are other closely held companies that are much larger. In a footnote, Ginsberg mentions family-owned Mars, Inc. and closely held Cargill, which are both among the largest five private companies in the country. Guess which is number two? Koch industries, with $115 billion in revenue and 60,000 employees. Brothers David and Charles Koch reportedly own 84 percent. Rounding out the top five private companies are Dell and Bechtel. Those five companies employ more than 436,000 people. What religious claims might their owners find useful to make in undermining laws that protect their workers?

PFAW Foundation

Anti-Gay Activists Hopeful Hobby Lobby Will Lead To License To Discriminate

Anti-gay activists are rejoicing at the Supreme Court's decision in Hobby Lobby today, in part because they are hopeful that the decision will pave the way for one of their own policy goals: to use the religious liberty argument to push for broad exemptions for corporations from nondiscrimination laws.

Liberty Counsel's Matt Barber is hopeful that the decision bodes well for those trying to use religious freedom as a cloak to justify discrimination against LGBT people:

Peter LaBarbera of Americans for Truth About Homosexuality has a similar take:

There may be reason for them to be optimistic. As SCOTUSblog pointed out, the majority's opinion pointedly leaves open "the question of whether the Government has a similarly compelling interest in preventing discrimination on the basis of sex or sexual orientation." 

With respect to implications for other kinds of religious-based discrimination, the Court writes that racial discrimination in hiring will not be permitted under RFRA because "The Government has a compelling interest in providing equal opportunity to participate in the workforce without regard to race, and prohibitions on racial discrimination are precisely tailored to acheive [sic] that critical goal." Note that this leave open the question of whether the Government has a similarly compelling interest in preventing discrimination on the basis of sex or sexual orientation.

UPDATE: TPM has more on this.

UPDATE II: Bryan Fischer of the American Family Association has joined the chorus:

Religious Right Reacts To Hobby Lobby Decision: A Victory Over King George III And 'Subsidized Consequence Free Sex'

The Religious Right’s reaction to the Supreme Court’s decision in the Hobby Lobby case — in which the Court’s conservative majority ruled that some for-profit businesses must be exempt from the Affordable Care Act’s contraception coverage mandate — has started rolling in.

Erick Erickson sees the decision as a victory over the promiscuous:

Eric Metaxas thinks King George III would have been on the side of contraceptive insurance:

The Franciscan University of Steubenville compared businesses that don’t want to provide their employees with contraception coverage to religious martyrs in ancient Rome:

Steve Deace called the Green family, which owns the Hobby Lobby chain, "the Rosa Parks of the religious liberty fight" and urged the movement not to "settle" with just the Hobby Lobby victory:

If we play our cards right, and God grants us a favor, we can use this as a momentum changer. That’s mainly thanks to the Green family, who just became the Rosa Parks of the religious liberty fight. Just as her refusal to comply with an unjust edict on a bus one day blew the lid off the civil rights movement, perhaps the Greens’ refusal to comply with Obamacare’s unjust edict can accomplish the same for a similarly worthy cause.

But that won’t happen if we “settle” for this win like we have all too many others.

AFA’s Bryan Fischer thinks he knows Chief Justice John Roberts’ motivation to vote with the Court's majority:

And finally, the American Family Association is taking a poll:

Hobby Lobby Opens Up A Minefield

With a far-right Supreme Court majority ruling in Hobby Lobby 5-4 that for-profit closely-held corporations have religious rights under the Religious Freedom Restoration Act (RFRA), Justice Ginsburg is rightly warning that the Court has "ventured into a minefield."

Hobby Lobby: Religious Rights For Secular For-Profit Corporations … Just This One Time

Writing for the majority in the Hobby Lobby case, Justice Alito emphasized [PDF] that the ruling, which partly overturned the Obama administration’s rules on birth control coverage, does not apply to other cases involving religious objections to government regulations:

This decision concerns only the contraceptive mandate and should not be understood to hold that all insurance-coverage man-dates, e.g., for vaccinations or blood transfusions, must necessarily fall if they conflict with an employer’s religious beliefs. Nor does it provide a shield for employers who might cloak illegal discrimination as a religious practice.



In any event, our decision in these cases is concerned solely with the contraceptive mandate. Our decision should not be understood to hold that an insurance-coverage mandate must necessarily fall if it conflicts with an employer’s religious beliefs. Other coverage requirements, such as immunizations, may be supported by different interests (for example, the need to combat the spread of infectious disease) and may involve different arguments about the least restrictive means of providing them.

Apparently, the Supreme Court has determined that contraception, unlike immunizations, just doesn’t cut it in terms of public health.

In a footnote, Alito cites findings of the Centers for Disease Control and Prevention to back up claims that the government should be allowed to require immunizations over the religious objections of people who oppose vaccinations.

Of course, the contraception rule, the New York Times points out, “relied on the recommendations of the Institute of Medicine, an independent group of doctors and researchers that concluded that birth control is not just a convenience but is medically necessary ‘to ensure women’s health and well-being.’”

It is undeniable that the advent of contraception, used by around 99 percent of sexually active women, and family planning has had an extraordinary impact on public health on a level similar to the creation of new vaccines. Unless, of course, your worldview leads you to believe that such pills are simply used by women as tools to have an abortion.

Justice Ginsburg points out in her dissent that the Supreme Court has rejected past religious objections to generally applicable rules from non-persons, including church-operated schools:

And where is the stopping point to the “let the government pay” alternative? Suppose an employer’s sincerely held religious belief is offended by health coverage of vaccines, or paying the minimum wage, see Tony and Susan Alamo Foundation v. Secretary of Labor, or according women equal pay for substantially similar work, see Dole v. Shenandoah Baptist Church? Does it rank as a less restrictive alternative to require the government to provide the money or benefit to which the employer has a religion-based objection?

Indeed, the high court previously rebuffed religious-based challenges to laws regarding the minimum wage, equal pay and regulation of illicit drugs.

Religious groups that believe in the subservience of women, reject vaccines and blood transfusions or seek to use controlled substances as part of religious rituals, according to the majority opinion, don’t have as much “religious liberty” than a secular for-profit corporation such as Hobby Lobby.

Ginsburg adds:

Hobby Lobby and Conestoga surely do not stand alone as commercial enterprises seeking exemptions from generally applicable laws on the basis of their religious beliefs. See, e.g. Newman v. Piggie Park Enterprises, Inc (owner of restaurant chain refused to serve black patrons based on his religious beliefs opposing racial integration)…

[H]ow does the Court divine which religious beliefs are worthy of accommodation, and which are not? Isn’t the Court disarmed from making such a judgment given its recognition that “courts must not presume to determine…the plausibility of a religious claim?”

Would the exemption the Court holds RFRA demands for employers with religiously grounded objections to the use of certain contraceptives extend to employers with religiously grounded objections to blood transfusions (Jehovah’s Witnesses); antidepressants (Scientologists); medications derived from pigs, including anesthesia, intravenous fluids, and pills coated with gelatin (certain Muslims, Jews, and Hindus); and vaccinations (Christian Scientists, among others)?

[A]pproving some religious claims while deeming others unworthy of accommodation could be “perceived as favoring one religion over another,” the very “risk the Establishment Claus was designed to preclude.”

While Alito stresses that only closely-held corporations are involved in this case, what about a company board dominated by Jehovah’s Witnesses, Christian Scientists, or evangelicals like David Barton who believe “that the Bible opposes the minimum wage, unions and collective bargaining, estate taxes, capital gains taxes, and progressive taxation in general”?

With Congress currently debating the Employment Non-Discrimination Act, what if Hobby Lobby’s owners cited their religion as a reason to discriminate against LGBT employees? Or refuse to cover HIV/AIDS treatments?

With this ruling, it seems that the court wants to decide for itself what counts as a necessary government strategy to protect public health, and what doesn’t.

Hobby Lobby Opens Up a Minefield

The Hobby Lobby ruling opens the door to handing even more power to large corporations, including the power to ignore anti-discrimination laws.
PFAW Foundation

Supreme Court Distorts Religious Liberty Law in Hobby Lobby Decision

WASHINGTON — In response to today’s 5-4 Supreme Court ruling in Burwell v. Hobby Lobby Stores, Inc., People For the American Way Foundation President Michael Keegan released the following statement:

“Arguing that ‘closely held’ for-profit corporations have religious rights and can use those ‘rights’ to deny needed health care to employees is absurd. Threatening to prevent millions of women from accessing birth control doesn’t protect anyone’s religious liberty — it is a distortion of the very idea of religious liberty.

“Unfortunately, this decision is not surprising coming from a Court that ruled only four years ago that corporations have the political rights of real people. Hobby Lobby is one more step in the Supreme Court majority’s ongoing attack on the rights of everyday Americans, handing corporations even greater power over our lives. What rights will corporations be given next? This decision opens up a minefield, potentially paving the way for all kinds of harmful claims in the name of corporate religious rights.”

Earlier this year, People For the American Way Foundation Senior Fellow Jamie Raskin authored a report on the case titled, “The Gospel of Citizens United: In Hobby Lobby, Corporations Pray for the Right to Deny Workers Contraception.”

###

Evangelical Leaders Warn Of 'Secular Totalitarianism' And 'Jail' For U.S. Christians

Religious Right leaders love to claim that Christians are threatened in the U.S., the subject of a forthcoming PFAW report on the Religious Right’s persecution complex. The latest example comes from the just-completed annual conference of the Southern Baptist Convention.

Russell Moore, who heads the SBC’s Ethics & Religious Liberty Commission, hosted Rick Warren, David Platt, and Samuel Rodriguez for a June 9 panel on religious freedom in America through the lens of the Hobby Lobby case pending before the U.S. Supreme Court. 

According to an account by Tom Strode in the Baptist Press, Rodriguez, who heads the National Hispanic Christian Leadership Conference, warned, “Today’s complacency is tomorrow’s captivity. The firewall against secular totalitarianism is religious liberty and religious pluralism.”

“Secular totalitarianism” in this context is the requirement, being challenged in the Hobby Lobby case, that for-profit businesses provide insurance coverage that includes contraception methods to which the company’s owners have religious objections.

“The justices will decide whether “there is the freedom to dissent and the freedom to accommodate these conscientious objections in the governing of people’s lives and the running of their businesses,” Moore said. “This will have everything to do with everything that your church does for the next 100 years.”

Moore of course is ignoring, or rather obfuscating, the clear constitutional, legal, and policy distinction between churches, who are exempt from the requirement, and for-profit corporations, whose claim to a religious conscience is at the core of the Hobby Lobby case.

Rodriguez and Warren agreed that religious liberty is the civil rights issue of the future.  And panelists spoke as if Christians are on the verge of being jailed for their beliefs:

“I’m spending all of my time right now making sure that we stay out of jail,” [Moore] told the audience. “But there is one thing worse than going to jail, and that’s staying out of jail and sacrificing the gospel of Jesus Christ.”

Warren responded, “This issue may take – just as it did with Martin Luther King – it may take some pastors going to jail. I’m in.”

The idea that pastors are going to be thrown into jail is a ridiculous argument that Religious Right leaders have used to oppose hate crimes legislation and laws against anti-gay discrimination in the workplace. This kind of rhetoric is not only ridiculous, it is also irresponsible and damaging. As People For the American Way Foundation’s Twelve Rules for Mixing Religion and Politics says in explaining that religious and political leaders should not “cry ‘wolf’” about religious persecution:

Inflammatory charges about religious persecution can lead to an angrier and more divisive political arena. If you believe your political opponents are actually out to take away your religious freedom, shut down your church, and literally criminalize Christianity—goals that some Religious Right figures attribute to political liberals—you have little reason to treat your opponents civilly or engage in a search for constructive common ground or compromise. Creating that kind of environment is not good for our country.

 It is possible to have a vigorous debate about political issues and about the separation of church and state without resorting to falsehoods about religious persecution.

The panel wasn’t a total bust, apparently. Unlike some Religious Right leaders, who claim that religious liberty protections apply only to Christians – or to a particular subset of Christians – news reports indicate that Rodriguez, Warren, and Moore said Christians should promote religious liberty for everyone in the context of religious pluralism. We don’t say this often about these guys, but we agree.

Women Justices Press Important Questions During Hobby Lobby Arguments

Crowds of activists and advocacy groups gathered outside while the Supreme Court heard oral arguments Tuesday in the Sebelius v. Hobby Lobby Inc. case.

Justices Sonia Sotomayor, Elena Kagan, and Ruth Bader Ginsburg did not shy away from asking difficult questions that demonstrate the broad implications this case could have. Justices Sotomayor and Kagan voiced concerns regarding the implications of a ruling for the first time in our nation’s history that for-profit corporations have religious rights. Both justices questioned whether this decision would allow companies to deny access to coverage of not only contraceptive methods, but also of other lifesaving procedures employers might object to on religious grounds—like blood transfusions or vaccines.

The Huffington Post quotes Justice Kagan as saying, “There are quite a number of medical treatments that could be religiously objected to… Everything would be piecemeal, nothing would be uniform.”

Pushing the issue further, Justice Sotomayor asked, “How are courts supposed to know whether a corporation holds a particular religious belief?”

Similarly, Justice Ruth Bader Ginsburg stated that the Religious Freedom Restoration Act

was a law that was passed overwhelmingly [by] both houses of Congress. People from all sides of the political spectrum voted for it. It seems strange that there would have been that tremendous uniformity if it means [corporations are covered].

She added…

[T]here was an effort to adopt a … specific conscience amendment in 2012, and the Senate rejected that… That amendment would have enabled secular employers and insurance providers to deny coverage on the basis of religious beliefs or moral convictions. It was specifically geared to secular employers and insurance providers. And that…was rejected.

Justice Kagan noted that RFRA was considered non-controversial when it passed, an unlikely reaction if it had been understood to open the door to employers citing religious objections to complying with laws relating to sex discrimination, minimum wage, family leave, or child labor.

Justice Kagan also noted that women are “quite tangibly harmed” when employers don’t provide contraceptive coverage. This decision, however, could have far-reaching implications beyond women’s reproductive rights since this case deals with some of the same core issues seen in “right to discriminate” bills like Arizona’s, as we pointed out yesterday morning.

PFAW Foundation

‘Right to Discriminate’ Bills, Meet Hobby Lobby

Last month, as Arizona governor Jan Brewer deliberated whether to sign or veto a law that would have allowed businesses to discriminate against LGBT customers, the public outcry was immense. Senators Jeff Flake and John McCain shared their opposition via Twitter. Companies including American Airlines, Apple, and AT&T urged a veto. Multiple state senators who had voted for SB 1062 asked Gov. Brewer to veto it. When she did, advocacy groups praised the decision and many in Arizona and across the country breathed a well-deserved sigh of relief.

But it turns out that sigh may have been premature.

This morning the Supreme Court will hear arguments in Sebelius v. Hobby Lobby Stores, Inc., a case that, on its face, appears to be dealing with a different issue – women’s access to contraception – but in fact grapples with some of the same core issues in play with “right to discriminate” bills like Arizona’s. In the Hobby Lobby case, as in its companion case Conestoga Wood Specialities v. Sebelius, corporations are trying to avoid complying with the contraception mandate of the Affordable Care Act. But both the Supreme Court cases and the “right to discriminate” bills address the question of whether for-profit corporations have religious rights and can use those “rights” in a way that brings harm to others. 

Comparing the vetoed Arizona bill to efforts to let companies deny covering contraception, National Women’s Law Center vice president Emily Martin put it like this: “What you’re seeing in both cases are corporations asserting the right to break the law in the name of religion, even if it results in harm and discrimination for third parties.” And The New Yorker’s Jeffrey Toobin noted,

Indeed, a victory for Hobby Lobby might bring in an Arizona-style rule through the back door….The Arizona law and the Hobby Lobby case represent two sides of the same coin. Both assert that the invocation of a religious belief allows a company to opt out of a government requirement that applies to everyone else.

But corporations have never had religious rights, and as affiliate PFAW Foundation senior fellow Jamie Raskin wrote in a recent report, that concept is simply “absurd.”

[I]t is time for the Court to restore some reality to the conversation.  Business corporations do not belong to religions and they do not worship God.  We do not protect anyone’s religious free exercise rights by denying millions of women workers access to contraception.

PFAW
Share this page: Facebook Twitter Digg SU Digg Delicious