In what seems destined to be a blockbuster decision in the making, the Supreme Court has accepted a religious challenge to the Affordable Care Act. The decision could force a reexamination of the Court controversial 2010 ruling in Citizens United in considering whether companies have religious rights to match the speech rights embraced by the Court. The case involves objections from businesses and individuals like David Green, founder and CEO of Hobby Lobby, who insist that the Act’s required support for contraceptive services violates religious rights. Two cases were accepted: Sebelius v. Hobby Lobby Stores, Inc. (13-354); and Conestoga Wood Specialties Corp. v. Sebelius (13-356). I will be discussing the cases this morning on CNN.
Under the ACA, non-for-profit religious corporation have an exemption. However, this is a for-profit company that is run according to the family’s religious beliefs. As a large employer, Hobby Lobby is required to provide a range of no-copay contraceptive services. Some 50 companies have challenged the ACA around the country.
Green says that “We do everything we possibly can to be a help to our employees of how that they can structure their life based on biblical principles.” While he does not object to all aspects of the required services, he believes that the government should not dictate such matters to companies. That argument succeeded in Denver with the United States Court of Appeals for the Tenth Circuit. The court ruled that there is no reason why corporations enjoy speech rights under the first amendment but not religious rights.
The decision created a classic split in the circuits. In Hobby Lobby v. Sebelius, the 10th Circuit treated corporations as persons for the purposes of the Religious Freedom Restoration Act and Free Exercise Clause. However, in Conestoga Wood v. Sebelius, the Third Circuit ruled that they are not persons for these purposes since corporations do not engage in religious practices or prayer and RFRA does not apply to corporations.
The case could challenge the 5-4 majority of Citizens United, particularly with Justice Anthony Kennedy. There is a sticker shock aspect to the case in terms of its potential if companies can make such religious objections to uniform national regulations. The decision could also shed light on the Court’s view of growing conflicts between non-discrimination laws and religious believes, a subject that I have previously written about in columns and blogs. If corporations can refuse to comply with the ACA on religious grounds, can a bakery refuse to prepare a cake for a same-sex couple on the same grounds? It will also likely interpret the scope and application of the Religious Freedom Restoration Act.
The case places the interests in a uniformity of services for women against the religious rights of certain companies. Green notably does not object to 16 of 20 preventive contraceptives required in the mandate but refuses to provide or pay for four of the drugs including Plan B and Ella — or morning-after pills and the week-after pills. His highly specific objection could be used by the Administration to show the implications of recognizing religious rights in companies with every company applying different standards and preconditions for employees.
This has the makings of a major decision that could not only interpret the scope of the ACA but more generally applicable religious rights for companies.
If the President and/or CEO can impose his religious belief on me as an employee then turn about is fair play. When the company goes into bankruptcy and does not have the money to pay for my pension then I can sue the President and/or CEO personally for the breach of contract. But wait!, you say. That is why the corporation is formed to begin with, to shield the shareowner and/or property owner from liability. But Turn About is Fair Play, I say. The Supreme Court should grapple with this aspect. Tell that corporate dork who doesn’t want my health insurance to include rubbers to pay for my deformed kid’s care and treatment in the welfare kid home for life.
Shades of “The Handmaid’s Tale” again. Not only is the right to choose abortion under constant attack, emergency contraception, IUDs, and for pity sake, birth control, by religious bullies. Corporations have feelings and worship God as well now? Medicare for All, or something that takes away the employer/insurance connection is imperative if the SC rules that these humanoid corporations have religious rights now in addition to free speech rights. Are we taking a closer step to “A Christian Nation”?
We do everything we possibly can to force our nutty religion on employees, and hopefully the whole country, like it or not. We know what is best, We’re Christians.
It is not about religion, It is about not wanting to pay for healthcare and they just want to use the religion card. Many women need to be on Birthcontrol pills for medical reason.
So any person applying for employment online, here is Mr Green’s message.
At Hobby Lobby, we know the value of exceptional people. More importantly, we want to find the right people to integrate into our workforce. We pride ourselves on providing our employees with an environment conducive for productive and long-term employment. Whether you choose a Retail Store Manager or Assistant Manager position or join one of our many departments, an opportunity is awaiting you today.
As of November 2013, Hobby Lobby Stores, Inc. has 578 stores across the nation and is one of America’s fastest growing arts and crafts chains.
If you are interested in working for Hobby Lobby, please choose the area of employment at the left that best matches your qualifications. You will be given information there to help you pursue that type of position.
Hobby Lobby is an Equal Opportunity Employer. We conduct drug & alcohol testing compliant with applicable statutes. For reasonable accommodation of disability during the hiring process call (877) 303-4547.
One thing I dont understand do they have the right to not hire me or fire me if i am an athiest. I am so sick of people hiding behind the religious card when most are the biggest hyprocrite. One thing I can say is Mr Green is a fake a fraud. He pays his employess nothing and if quotas are not being made they fire people on the spot. So in the end Mr Green you will answer to one person, I can not wait to see you in hell.
I am not a lawyer but I find this case ridiculous and will be quite disappointed if the court rules that a corporation has religious rights. Like mespo has already pointed out, there are some super-whacko religions out there whose members don’t believe in medicine at all.
I used to work for a company owned by scientologists and it was the worst working environment I ever experienced. They did everything they could to force their “religion” on the employees and try to get us to follow their beliefs. They would have loved it if they could have denied us access to any type of medicine at all and kept us from getting psychological counseling. Scientologists prescribe vitamins and “touch” therapy for cancer patients, then basically let them die because they believe people cause all their own illnesses by doing bad things, and so must somehow deserve their fate. These are not people who should get to make medical decisions for anyone — yet, they are employers, so perhaps they will get the opportunity to do so soon.
Hella NO — employers, whether they’re religious zealots or not, should not be in charge of making medical decisions for anyone but themselves.
Let me add that this issue is not so much about adding exemptions as it is about a poorly written law that abuses traditional liberty.
Let’s hope the Supreme Court gets it right this time and recognizes that some people running corporations are people with a conscience. These are often people with great compassion and love for people inside and outside their corporation. If these owners do not want their businesses to provide a service that in their mind murders unborn babies, so be it. They should be allowed to hold to that conviction. The law should never force a person to do anything unconscionable. When the laws begin forcing people to act contrary to their conscience, the government will be doomed.
Hobby Lobby’s story is a lot like Walmart’s story. It is a great American success story. David Green started Hobby Lobby with a $600 loan in 1970. He worked from his garage and in 1972 opened his first store that had only 300 square feet of retail space. His two sons worked for him before they were even teenagers. Part of his business model included religious convictions. He takes half of the pretax dollars earned from Hobby Lobby and gives it to religious ministries. The company has given away hundreds of millions of dollars in this fashion to religious non-profit enterprise. The owner attributes this charitable business model to its success. Whether people agree or disagree with this, it is the way this individual has shaped his business. Whether right or wrong, in his mind, the success of his business he credits to God and to his basing his business on doing what he believes to be right in God’s eyes. Any government that wants to step in and strip that away from this man is an evil government IMO. Any government that wants to drastically change the underlying religious policy of this company is wrong. No good will come out of the government oppressing freedom of religion within the for-profit corporations of America.
Justice Holmes,
As someone quipped sometime back, “I will believe corporations are people when the state of Texas executes one.”
Corporations provide protection for owners’ assets by separating their individual liabilities from the liabilities of the corporation on the basis of the argument that the corporation is not its individual owners. If the court allows this breach of the corporate veil to allow owners religious beliefs to be imputed to the corporation for the purposes of a “religious exemption”, the corporate veil should be lifted for liabilities also. End all religious exemptions now. Corporations are not people and cannot have “religious beliefs”.
I am on my third cup of strong Cajun coffee from south Louisiana. Even with that caffeine and chicory boost, I cannot think of a better argument for single-payer, aka, Medicare/Medicaid for all. That takes the whole argument away from individual businesses, business owners and insurance companies. When the money comes from the government pool, which everyone pays into, there can be no argument over religious issues.
Lots of folks are against buying tanks, guns and other war materiel for religious reasons, but when it is the government paying for it, they don’t get to choose whether to buy more guns or not. I would rather not pay for more F-35 jets, but the government never asked my opinion before placing the order.
Juliet:
They are people don’t you know. Just ask Alito.
Ross:
Ah employers the secular saints of capitalism. Exempt them from all laws -they own the lawmakers anyway — since they are special.
How do corporations have religious beliefs? It’s ridiculous to extend protections from individual liability to owners of corporations, and yet still allow them individual rights.
Maybe “employers” shouldn’t be in the insurance equation at all. Some employees that have chronic illnesses are many times forced to work for certain employers just for health insurance alone.
These at risk employees have a harder time starting a small business or changing employers – it limits their freedoms in other ways also beyond an employer playing minister. Remove employers altogether.
I’m waiting for the Christian Scientist owner who opposes providing health care at all on religious grounds. Hitch you were right all along. It poisons everything.
Reblogged this on Brittius.com.
… So we’re allowed to break the law on religious basis now? How could that possibly go wrong…
How about linking those contraceptive drugs to ED drugs like Viagra and Cialis? No BC pills, you get no ED pills either.
A quick search of the internet shows the cost of ten (10) Viagra at major drug stores:
CVS: $315.99 ($31.60 per tablet)
Walgreens: $322.59 ($29.67 per tablet)
Walmart: $296.72 ($29.67 per tablet)
Cialis is about $20.00 per pill, average. Both these drugs are now generic, but it is difficult to pin down prices and there are a lot of fake ED drugs. Get generic and take your chances.
What boggles my mind is these folks don’t want poor women to be able to prevent pregnancy. Then when they do get pregnant, they want to forbid termination of the unwanted pregnancy. At the same time, cut funding for prenatal care, and once the kid is born, no food stamps, health care or other social services. The child is terminally important right up until the moment of birth, then after birth, they are a “burden” and are “stealing” money out of the pockets of those who are well off. Jesus would be so proud.
Can Hobby Lobby refuse to register its trucks (if it has any) or license its drivers? Can Hobby Lobby agree to cover some pharmaceuticals but not others? Is Hobby Lobby a member in good standing at its local faith community? How often does Hobby Lobby attend religious services? Was Hobby Lobby baptized as an infant, or as an adult? How many votes does Hobby Lobby get at the annual parish meeting?
If the court grants Corporations a religious exemption to the ACA we can expect cases attacking Labor laws, anti discrimination laws and many others. Instead of expanding religious exemptions that have been granted to “religious entities” the court should be ending all religious exemptions including tax exemptioms granted to churches and other religious entities.