The Supreme Court finished its term with its usual dramatic flair with the release of the long-waited decision in Sebelius v. Hobby Lobby Stores (which is consolidated with Conestoga Wood Specialties Corp. v. Sebelius). The two cases represent a classic split in the circuits with the Tenth Circuit agreeing with Hobby Lobby as to the religious claims of the company while the Third Circuit ruled against such claims by Conestoga Wood Specialities Corp. The Court ruled that the Hobby Lobby does have religious rights, but limited the decision to closely-held corporations. Where Citizen’s United recognized that corporations have free speech rights like individuals, Hobby Lobby would do the same thing for religious rights. I will be running a column in the Los Angeles Times in the morning not just addressing this ruling but, once again, highlighting what I consider a far more important case that will be decided just a couple blocks away in the D.C. Circuit — Halbig v. Sebelius. I will be discussing the decisions today at CNN starting at 10 am and continuing to the discussion at 1 pm with Wolf Blitzer.
Hobby Lobby is a fascinating case involving the retail arts and craft chain founded by David Green and owned by his family, which also happen to be Evangelical Christians. The Greens actually do not object to all of the 20 forms of birth control under the ACA. However, they are religiously opposed to supplying four methods: morning-after pills Plan B and Ella as well as two kinds of inter-uterine devices (or IUDs). (The Conestoga company is smaller and owed by Hahn family, who are Mennonite Christians) At a running fine of $100 per employee, Hobby Lobby estimates that the federal mandate would cost it about $1.3 million a day, or roughly $475 million a year.
The religious beliefs of the family are formally integrated into their company: Green family members signed a formal commitment to run the stores according to Christian religious principles, including closing on Sunday, advertising their religious orientation. The company even plays religious music inside their stores.
The Greens challenged the provisions under the and the Religious Freedom Restoration Act, which imposes a high standard of strict scrutiny for the government to meet when a neutral law “substantially burden[s] a person’s exercise of religion”. (Note some amicus briefs suggest that the mandatory plan should also be barred for these purpose under the Establishment Clause). In 2013, United States District Court Judge Joe Heaton granted the company a temporary exemption from the contraceptive-providing mandate. (Conestoga directly raises free exercise arguments).
In an interesting wrinkle, an April article in Mother Jones alleged that Hobby Lobby’s employee retirement plan has more than $73M invested in mutual funds which include manufacturers of some fo the very contraception devices or drugs cited in the complaint.
The decision has sweeping application – well beyond these companies or the 49 for-profit corporations that have claimed such exemptions. The ruling addresses the very essence of a religious claim and the very essence of a corporate entity.
Closely-held corporations are not as limited as it might seem. I agree with Ginsberg that the implications are sweeping. The closely-held corporations represent a huge number of businesses. As I mentioned on CNN, the large corporations are the least likely to demand such exemptions. There are millions of family businesses that may not object not just to the ACA but renew objections to discrimination laws that force such businesses to serve same-sex weddings or engage in other activities that violate their religious beliefs. This is much like Heller and the recognition of individual gun rights. We are still working out the details on how far that goes years after the decision.
This is a major blow to the Administration which in the last ten days have been found to have violated the fourth amendment and privacy and then found to be in violation of the separation of powers and now found in violation of the first amendment and religious freedom.
I still don’t understand why I or anyone should have to pay for someone’s social activities like sex. You want to do it, you pay for it. i don’t ask for anyone to pay for my hockey or baseball equipment.
I wonder how the courts will distinguish between a “deeply held religious belief” and any other unfounded, asinine, opinion a person is capable of having. Selectively, and arbitrarily I suppose.
Annie
I think we will be seeing all manner of businesses getting ‘religion’. Praise the Lord.
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Yep.
Their fav congregational song will be “No Condoms Tonight”
Mespo,
I’m trying to understand how a NOT FOR PROFIT, TAX EXEMPT Religious organization is like a FOR PROFIT TAX PAYING public enterprize… Karen, please help!!!
Max-1, I restored your comment at 2:05.
SWM:
No, actually birth control pills are used to prevent pregnancies.
Since they stop you from cycling, they are also prescribed for things like endometriosis.
But to claim that birth control is not birth control because it has some off label applications is a spurious argument. Hobby Lobby employees have 16 out of 20 choices to utilize those off-label benefits. What an embarrassment of riches? I recall 15 years ago maybe 1 or 2 were covered. Back when I was oppressed.
mespo,
I’m trying to understand how a non-profit TAX EXEMPT Religious organization is like a small, FOR PROFIT TAX PAYING public enterprise… we shall see.
Max-1. I restored your comment at 2:03.
I think it high time to take away tax exempt status from churches. They are also political entities.
Steve Fleischer
While many people will react emotionally according to their preexisting beliefs, I see this as a reaffirmation of property rights.
Many among us have come to believe that the government can impose any mandate on the American people. Fortunately, we are starting to see some pushback.
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The decision was based on “The Religious Freedom Restoration Act of 1993 (RFRA)” not on property law.
Karen S
So Hobby Lobby is like the Roman Catholic Church because…
… They don’t pay taxes, too? Or, please explain the leap.
Help! Lost a post!
Justice – then whey not have a flat tax, or a simple tiered system? No deductions. No complex maze. Then we won’t vote for tax deductions and then get mad when people use them.
swathmore:
Can they treat stupid?
I am tired of being forced to pay for religious tax exemption to everything including but not limited to real estate taxes. I am tired of religious constraints placed upon the general public by tax exemptions that allow pastors to avoid paying taxes on church income. As a result of these exemptions I have to pay more money to make up the difference. I am simply tired of religious fanatics being allowed to drive the bus on how society is ordered. How do they do that? By claiming offense and insisting that we need to recognize their victim status. Chrisitans may think they are riding high but look at what the 30 years war did to Europe and look at Syria and Irag. That is what happens when theocracies rule.
Justice Holmes – are you sure the religious get to claim their income as a religious deduction or whatever?
Max:
“Why should we give a country crap about our fellow man? If the market doesn’t handle it; it’s just not worth handling.”
And here, folks, is another example of false logic.
As has been explained numerous times before, modern capitalism exists within the confines of regulation, which has an obligation to be reasonable and effective. We are not allowed to pollute, or create a dangerous or unsanitary work environment.
But this is the drumbeat of the Left: if you EVER side with an employer, you “hate” your fellow man. ANY regulation must be great. The MARKET is evil. It boggles the mind that more than 8 people on Earth chase this false hare, and yet there it is.
You know a success story of modern capitalism – organic produce. Through the merits of supply and demand, it has risen from obscurity to mainstream.
Here is the stunning concept of the free market: businesses make goods and services that consumers want to buy. The price reflects supply and demand.
Whoa. That’s really avant guard. You mean we get to decide what we want to buy? And then someone fills that need? Whoa. That’s, like, crazy, man.
Karen, I restored your comment at 2:00.
Max:
“There is discrimination in the workplace everyday – against the young and attractive, against age, against the unattractive, against white men . . . pick a category, and it happens.”
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See Max, that makes it ok. It’s the old “we’ve always done it this way” approach. Can’t wait to get Karen’s insight on slavery. It was around for centuries until that old fuddy-duddy progressive Lincoln came along.
Karen S Not enough nuns left to even make that a consideration. Also, birth control pills are often used to treat diseases.
Karen S:
“vs today when more middle class families than ever before will go bankrupt due to health care costs, or have to choose between paying for insurance or paying for gas or food.
Yep. That’s Real Progress!”
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There’s your market system in action there, Karen. Like most sane folks Obama wanted single payer but seeing that was impossible took the conservatives and corporate approach which rewarded your buddies for screwing us a little less. That said, bankruptcy still beats dying to most humans but I’m not sure that rule applies to conservatives where your self-worth is your net worth.
Well, Max, there is already discrimination in the Catholic workplace for example. Know any male nuns or female monks? No? Do you think a mosque would hire a goth girl? Or a girl who wore short skirts?
Do you think attractive young women get hired to work together with celibate monks? Why not really make their sacrifice as difficult as possible?
There is discrimination in the workplace everyday – against the young and attractive, against age, against the unattractive, against white men . . . pick a category, and it happens. What kind of woman do you think a wife who is the office manager will choose to work with her husband as AC? A Mrs Doubtfire type or Kate Upton?
Karen S – male nuns are known as brothers or friars. At one point in the Catholic Church there were Abbesses who had the same powers as bishops.
This decision came as a surprise to me. I thought it would be the opposite.
Max-1:
Why should we give a country crap about our fellow man? If the market doesn’t handle it; it’s just not worth handling. And lest you think the doors of Heaven are for the charitable, recall the words of that conservative Mike Scanlon (who partnered with Jack Abramoff and then worked for Tom Delay): “This whole thing about not kicking someone when they are down is b.s. Not only do you kick him—you kick him until he passes out—then beat him over the head with a baseball bat—then roll him up in an old rug—and throw him off a cliff into the pounding surf below!!!!!”
Who needs beatitudes when you’ve got this bunch?
Karen S
mespo:
vs today when more middle class families than ever before will go bankrupt due to health care costs, or have to choose between paying for insurance or paying for gas or food.
Yep. That’s Real Progress!
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Question Karen,
when the ACA was being ‘debated’… were you for or against it?
If you were for it, you can stop reading now.
If you were against it, what was your suggestion?
I’ve always been for a single payer, Universal HC system where we all pitch in to help each other out… like Social security of medicare. The village helping the villagers survive…
Max-1 – single payer is the VA on steroids.