By Mike Appleton, Weekend Contributor
“First, we hold as a matter of statutory interpretation that Congress did not exclude for-profit corporations from RFRA’s protection. Such corporations can be ‘persons’ exercising religion for purposes of the statute. Second, as a matter of constitutional law, Free Exercise rights may extend to some for-profit organizations.”
-Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114, 1129 (10th Cir. 2013)
“Our conclusion that a for-profit, secular corporation cannot assert a claim under the Free Exercise Clause necessitates the conclusion that a for-profit, secular corporation cannot engage in the exercise of religion. Since Conestoga cannot exercise religion, it cannot assert a RFRA claim. We thus need not decide whether such a corporation is a ‘person’ under RFRA.”
-Conestoga Wood Specialties Corporation v. Sebelius, 724 F.3d 377, 388 (3d Cir. 2013)
David and Barbara Green and their family own and operate Hobby Lobby stores, an arts and crafts chain employing some 13,000 people at over 500 locations. As committed Southern Baptists, Mr. and Mrs. Green believe that the contraception mandate under the Affordable Care Act requires their company to provide its employees health insurance coverage for abortafacients, a violation of the Greens’ religious beliefs. Conestoga Wood Specialties manufactures wood cabinets and has 950 employees. It is wholly owned by the Hahn family, all of whom are members of the Mennonite religion. They share the Greens’ opposition to the ACA mandate for the same reasons.
The Greens and the Hahns now await a decision by the Supreme Court on their claims that corporations for profit, at least those that are closely held, should be regarded as persons entitled to the protections of the Religious Freedom Restoration Act. The Tenth Circuit supports their argument; the Third Circuit does not. The Supreme Court has never addressed the question. In my view, however, it is the wrong question.
Continue reading “Religious Accommodation and the Establishment Clause” →
Former CIA and National Security Agency director Michael Hayden has long been the face and voice of the growing security state within the United States. While many of his representations have been challenged, he continues (like Dick Cheney) to create his own reality to justify powers viewed as authoritarian and unlawful. Now, with the approaching release of a comprehensive report on the torture program, Hayden is out in the press denying the findings of the report that torture did not result in any meaningful new intelligence and that the CIA tortured people who were already cooperating with conventional (and legal) interrogations. Hayden took to the airways to champion torture by attacking the chair of the Senate Intelligence Committee Sen. Dianne Feinstein (D, Cal.) and said that she was just being “emotional” and should not be involved in such a serious debate.
