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In Hobby Lobby Ruling, a Court So Wrong in So Many Ways
The Daily Beast ^ | June 30, 2014 | Sally Kohn

Posted on 06/30/2014 11:04:14 AM PDT by 2ndDivisionVet

Reliance on junk science, backwards ideas about religious freedom—it’s all there in the conservative majority’s awful Hobby Lobby ruling.

In its much-anticipated Hobby Lobby ruling, the Supreme Court has ruled by the usual 5-4 margin that closely held corporations cannot be required to provide contraception coverage. The ruling was narrowly tailored to apply only to the Obamacare contraception mandate and no other insurance mandates and explicitly does not shield employers who might rely on religious grounds to justify other discrimination. That said, while the ruling could have been worse, it's still dumb.

At the heart of both Hobby Lobby and its sister case Conestoga Wood is the requirement under the Affordable Care Act that employer-provided health insurance plans include coverage for basic preventative care. The law outlines what such preventative care encompasses and includes contraception. Contraception is, after all, by definition prevention. But two private for-profit corporations, Hobby Lobby and Conestoga Wood, both argued that for their insurance plans to be forced to cover contraception would violate the companies' freedom of religion. Hobby Lobby, which sells arts and crafts materials, is owned by devout Southern Baptists. Conestoga Wood, which makes wood cabinets, is owned by conservative Mennonites.

Both companies currently provide health insurance to their employees, which is what makes their plans subject to the preventative care requirements under Obamacare. And both companies say they don't object to all contraception, simply drugs or intrauterine devices that prevent pregnancy after fertilization, contraceptive methods that folks on the right mis-label and malign as "abortifacients." That characterization is factually, scientifically untrue. In fact, it's worth noting that Hobby Lobby actually provided the contraception coverage before it dropped it and decided to sue. For the Court to even get to its ruling that the contraception mandate "substantially burdens" the exercise of religion, it has to believe this bunk science. Moreover, in a free and secular society, birth control is about medicine and science and personal health, not religion.

The Court ruled in favor of Hobby Lobby and Conestoga. In her dissent, Justice Ginsburg bristles at the majority's "decision of startling breadth." Justice Kennedy tries to argue otherwise in his concurring opinion, arguing that the majority opinion "does not have the breadth and sweep ascribed to it by the respectful and powerful dissent." And yet majority opinion held that corporations are "persons" under the Religious Freedom Restoration Act! That's huge! While the court limits part of its ruling around the contraception mandate to closely held corporations (defined by the IRS here), the essence of the decision is a profound and radical shift in corporate rights.

Further, the ruling in part eroded the distinction between religious non-profits (which were already exempted from parts of Obamacare) and private corporations. If you think going to the mall is like going to church, that makes sense. To everyone else, it's nuts.

The Supreme Court had already granted all kinds of other special rights and powers to corporations — including "corporate personhood" or the right for businesses to be treated as people under the law. And because corporations are people, the Court has ruled that corporate spending to influence elections is equivalent to speech and cannot be infringed. At a time when economic inequality is reaching record highs and support for big business is at an all time low, the Supreme Court has consistently seen fit to confer more and more power and privilege to already powerful and privileged corporations. At a time when we should be putting more checks and balances in place for corporate America, the Supreme Court is loosening the reigns.

Moreover, this case is a perversion of religious freedom. Our values of religious freedom and tolerance were meant to protect individuals in our nation from the tyranny of government and business. Recall that in the earliest days of American history, it was not only the King of England but the powerful East India Company out from under the mutual thumb of which American colonists were trying to crawl. Moreover, as I have written previously, freedom of religion explicitly includes not only the freedom to practice one's religion but to be free from the imposition of someone else's religion. The owners of Hobby Lobby and Conestoga Wood cannot be allowed to impose their religious beliefs on their employees.

But it's the conflation of these points that is truly frightening: the idea that in continuing to give corporations more and more unchecked power and reign, we are giving them the power of religious tyranny — the ability to wantonly and unilaterally impose religion as they see fit on their workers and perhaps more. Under such a ruling, it's not far-fetched to imagine companies (genuinely or disingenuously) claiming religious exemptions in refusing to serve gay customers or denying health insurance coverage to the multi-racial child of an employee. In fact, what would stop companies from saying that their religion makes them opposed to taxes or obeying pollution regulations or you name it? Just what we need in America, more corporations with more excuses to not play by the same rules that ordinary Americans have to obey.

But in its rulings, this Court repeatedly gives more power to the interests of already-powerful corporations than the needs of the American people. In her dissent, Justice Ginsburg writes, "The exemption sought by Hobby Lobby and Conestoga would override significant interests of the corporations’ employees and covered dependents. It would deny legions of women who do not hold their employers’ beliefs access to contraceptive coverage that the ACA would otherwise secure." Except the majority ruling makes clear the interests of those women simply don't matter as much as the whims of corporations.

Let's all pray to the corporate gods who control our elections that someday we have a Supreme Court that values the American people more than big business.


TOPICS: Business/Economy; Culture/Society; Government; Politics/Elections
KEYWORDS: abortion; hobbylobby; hobbylobbydecision; moralabsolutes; scotus

1 posted on 06/30/2014 11:04:14 AM PDT by 2ndDivisionVet
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To: 2ndDivisionVet

I can’t wait until this guy is subject to Sharia Law.


2 posted on 06/30/2014 11:05:12 AM PDT by E. Pluribus Unum ("The more numerous the laws, the more corrupt the government." --Tacitus)
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To: 2ndDivisionVet

That tweet is all you need to see to know that this author is SO Wrong in So Many Ways!


3 posted on 06/30/2014 11:07:28 AM PDT by Castigar
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To: 2ndDivisionVet

Who cares what some liberal ranting bull dyke thinks!?


4 posted on 06/30/2014 11:09:14 AM PDT by elcid1970 ("In the modern world, Muslims are living fossils.")
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To: 2ndDivisionVet

This isn’t an issue of big business vs the little guy. It’s an issue of idiot sticks like this “B” thinking the government should be able to dictate to religion institutions how they observe their religious beliefs.


5 posted on 06/30/2014 11:09:30 AM PDT by DoughtyOne
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To: 2ndDivisionVet; Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; Art in Idaho; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

6 posted on 06/30/2014 11:09:35 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: 2ndDivisionVet

It’s a very limited decision and won’t have wide-ranging impact, except for political value. I don’t have any problem with contraception, as I don’t consider ordinary contraception to be like abortion (but abortion, itself, is a different story).

So, I personally didn’t care if contraception was supplied ... other than the fact that it’s good that the religious preferences were respected.

But, also keep in mind that this would apply to every religion’s preferences, too ... not just Christianity ... and in that very limited sense (as in Hobby Lobby) it could apply to religious preferences that Christianity doesn’t support in the least.


7 posted on 06/30/2014 11:10:29 AM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: 2ndDivisionVet

Leftists are always wrong


8 posted on 06/30/2014 11:11:06 AM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: E. Pluribus Unum

Yep, when they come to start whacking on his anatomy, we’ll see how the “big corporate” line plays out.

What a maroon...


9 posted on 06/30/2014 11:11:17 AM PDT by DoughtyOne
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To: 2ndDivisionVet
I thought that Hobby Lobby was providing contraception, just not abortion inducing drugs.

-PJ

10 posted on 06/30/2014 11:13:06 AM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: 2ndDivisionVet

Oh great. that will be the regime/media story line when they get Abu Khattala to say in court it was the video????

I just really despise what it going on in the country now a days. just awful fn awful.

I don’t know what is worse, it happening or NOBODY stopping it?

Thank goodness for todays rulings.


11 posted on 06/30/2014 11:14:10 AM PDT by ColdOne (I miss my poochie... Tasha 2000~3/14/11))
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To: 2ndDivisionVet
I want to see an end to forcing businesses paying for more and more things that are not related to their business.
You get a salary, you choose what to do with it.
Why is Birth Control so special?
It's not all that expensive, the cheapest kind is completely free.

12 posted on 06/30/2014 11:14:45 AM PDT by BitWielder1 (Corporate Profits are better than Government Waste)
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To: DoughtyOne

Actually it’s a woman. Even better.


13 posted on 06/30/2014 11:15:04 AM PDT by E. Pluribus Unum ("The more numerous the laws, the more corrupt the government." --Tacitus)
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To: E. Pluribus Unum

Yeah, I recognized the “B” when I saw her photo in the first comment under the post.

I think your gender reference was rather accurate.


14 posted on 06/30/2014 11:17:57 AM PDT by DoughtyOne
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To: E. Pluribus Unum

http://en.wikipedia.org/wiki/Sally_Kohn

Ecce homo, or in this cae, Ecce mulier - I think.


15 posted on 06/30/2014 11:18:11 AM PDT by ZULU (Impeach Obama NOW.)
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To: 2ndDivisionVet

Sally, boobie, all the SCOTUS said is that you and your roomie (or is that wombie) Sandy Fluck (rhymes with...you know) will have to shell out 10 bucks a month for the stuff to keep your bed hopping promiscuity from producing an offspring (for which we thank you) instead of others having to pay for that stuff.

Now you and Sandy strap that mattress on your back and GET BUSY!!


16 posted on 06/30/2014 11:19:19 AM PDT by Dick Bachert (Ignorance is NOT BLISS. It is the ROAD TO SERFDOM! We're on a ROAD TRIP!!)
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To: 2ndDivisionVet

Thanks for the tweet reference. Shows immediately what she is, a parrot for democrat talking points.


17 posted on 06/30/2014 11:19:23 AM PDT by Hostage (ARTICLE V)
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To: 2ndDivisionVet

This woman sees this ruling as bad,but can’t see all the problems built into Obamacare. There’s no reasoning with mindsets like that,I guess.


18 posted on 06/30/2014 11:20:54 AM PDT by oldtech
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To: oldtech

Liberals are beyond reason and live in their own van allen belt of emotional nirvana. With any gravitational pull they crash and burn.


19 posted on 06/30/2014 11:23:46 AM PDT by x_plus_one (The enemy is at the gate and the writing is on the wall. Islam Delenda Est.)
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To: Star Traveler
But, also keep in mind that this would apply to every religion’s preferences, too ... not just Christianity ... and in that very limited sense (as in Hobby Lobby) it could apply to religious preferences that Christianity doesn’t support in the least.

Let's just get the government out of the health care business. Then we don't have to worry about whether exemptions are being given to religions you and I might not approve of.

20 posted on 06/30/2014 11:24:37 AM PDT by Homer_J_Simpson ("Every nation has the government that it deserves." - Joseph de Maistre (1753-1821))
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To: 2ndDivisionVet

When did they start caring about “fairness”? Obama has no right to require anyone to buy anything (Obamacare). They sure are selective, aren’t they?


21 posted on 06/30/2014 11:24:44 AM PDT by ransomnote
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To: 2ndDivisionVet

Boo Hoo. The Supreme Court ruled against the national socialist democrats for a change and they’re SO unhappy.


22 posted on 06/30/2014 11:24:56 AM PDT by catnipman (Cat Nipman: Vote Republican in 2012 and only be called racist one more time!)
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To: elcid1970

I started to read it and came to the same conclusion as you: who cares what “s/he” thinks?


23 posted on 06/30/2014 11:24:57 AM PDT by Bernard Marx
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To: 2ndDivisionVet

She certainly has a queer opinion of religious liberty.


24 posted on 06/30/2014 11:27:26 AM PDT by smoothsailing
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To: 2ndDivisionVet

“She” probably already had this article prepared days ago, with ample outside help from the White House radicals and sympathetic left-wing university professors.

Now expect the same from the New York Times, Washington Post, CNN, etc., as the White House sends out its marching orders to all their boot-licking media lackeys.


25 posted on 06/30/2014 11:31:18 AM PDT by canuck_conservative
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To: Bernard Marx

Check out post #16. LOL!

Sally’s “wombie” Sandra Fluck.......heh, heh!

;^)


26 posted on 06/30/2014 11:39:10 AM PDT by elcid1970 ("In the modern world, Muslims are living fossils.")
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To: 2ndDivisionVet

So, somehow science is the determining factor on what believers are allowed to believe?

This conflated argument is farcical: It is the first I’ve ever heard that the establishment clause went something like this: “Congress, or the East India Company, or any other large corporation, shall make no law respecting an establishment of religion” While the colonists had issues with the East India Company, they were all about restriction of trade and taxes - nothing at all about religion.

The government stating that one’s religions beliefs do not comport with the latest science opinions, and therefor said one cannot adhere to their religious beliefs - is EXACTLY what the establishment clause prohibits.

All else is simply the yowling of a cat who finds its tail unfortunately positioned relative to the rockers on Granny’s chair.


27 posted on 06/30/2014 11:43:14 AM PDT by GilesB
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To: 2ndDivisionVet
What about RU 486 or commonly known as "thee morning after" drug does this person not understand?"

If, after having sex during a fertile time, a female doesn't take the drugs, a woman might be pregnant and deliver a baby.

Take the drug, kill the embryo and - no baby!

That is not contraception, it's abortion and many of us are not only opposed to that but refuse to be forced to pay for someone else to abort their baby by taking it!

28 posted on 06/30/2014 11:44:22 AM PDT by zerosix (Native Sunflower)
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To: 2ndDivisionVet

Sally....show it to me in the constitution, where its a bad decision.


29 posted on 06/30/2014 12:12:18 PM PDT by lacrew (Mr. Soetoro, we regret to inform you that your race card is over the credit limit.)
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To: 2ndDivisionVet
If a muzzie cab driver in Minnie-apolis can refuse service to a blind lady with a seeing eye dog and a guy with a bag of alcohol because of his religion then why not Hobby Lobby? Oh, I see - Christian company. Never mind.
30 posted on 06/30/2014 12:14:49 PM PDT by SkyDancer (If you don't read the newspapers you are uninformed. If you do read newspapers you are misinformed)
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To: 2ndDivisionVet
Ones you accept the immature concept..” Other must give me what I want or your oppressing me” your lost.

Oddly this is the logic of rape..

31 posted on 06/30/2014 12:21:00 PM PDT by tophat9000 (An Eye for an Eye, a Word for a Word...nothing more)
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To: Star Traveler
I don’t have any problem with contraception, as I don’t consider ordinary contraception to be like abortion (but abortion, itself, is a different story).

Part of Hobby Lobby's case was that it was going to be forced to provide abortification drugs; which ARE a form of abortion.

32 posted on 06/30/2014 12:25:32 PM PDT by Turbo Pig (...to close with and destroy the enemy...)
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To: elcid1970

I doubt Sally’s bed-hopping will ever produce an offspring since the only bodily fluid exchanged is saliva.


33 posted on 06/30/2014 12:26:51 PM PDT by Bernard Marx
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To: 2ndDivisionVet
backwards ideas about religious freedom

Really, Sally? I thought eugenics was so 1920's. You 'progressives' have some backwards ideas.

Y'all watch. Persecution of Christian-led companies is next. There will be arson and violence. This is what the Left does, as they are soulless.

34 posted on 06/30/2014 12:28:40 PM PDT by backwoods-engineer (Blog: www.BackwoodsEngineer.com)
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To: 2ndDivisionVet

It was not the film Sally cakes! Things went very bad as the CIA and Obobo were handing off a few thousand hand held S to A and antitank weapons to the bad guys. The real death toll has not even started thanks to people like Hill. You would really look good in a burka!


35 posted on 06/30/2014 12:31:28 PM PDT by lostboy61 (Lock and Load and stand your ground!)
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To: backwoods-engineer

the left is already threatening violence aren’t they?


36 posted on 06/30/2014 12:32:51 PM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: 2ndDivisionVet

Oh those poor women that don’t share the company’s religious beliefs might have to pay for their own abortion pills...or get them free from various liberal clinics and Planned Parenthood. I am so sick of liberals trying to claim this is some sort of war on women malarkey!

I do wonder if this will have an effect on businesses that do not want to support gay marriages that have lost in lower courts. I remember there was a baker that was ordered to make wedding cakes for gays.

People who don’t like the policies of Hobby Lobby and other companies that do not support abortion are free to work somewhere else. I think many of us have passed up or left jobs because we did not like the policies.


37 posted on 06/30/2014 12:42:30 PM PDT by Tammy8
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To: 2ndDivisionVet

38 posted on 06/30/2014 12:44:32 PM PDT by Viennacon (Rebuke the Repuke!)
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To: Star Traveler

It is my understanding that the companies are willing to cover contraception, just not things like the morning after pill type things that are seen as abortion rather than contraception.

It seems to me that every other religion on earth gets special consideration by this administration now, other than Christians. The war on women is bogus but I do see a liberal war on Christians.


39 posted on 06/30/2014 12:47:48 PM PDT by Tammy8
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To: 2ndDivisionVet

Well, Sally. That was pretty hysterical. Do you feel better now? Do you need to lay down with a cold compress on your fevered forehead?


40 posted on 06/30/2014 12:49:04 PM PDT by cld51860 (Oderint dum metuant)
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To: E. Pluribus Unum

This gal used to be on Fox News as a liberal commentator. I never agreed with her then I would get so irritated at her silly arguments. I do remember how she always sided against any religious freedom arguments that cited the First Amendment. I think she may be an atheist or agnostic.

Thankfully she is now at CNN (I think).


41 posted on 06/30/2014 1:26:02 PM PDT by Gumdrop (~)
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To: Castigar

Sally looks like a fair-haired Maddow. Just put a blondish wig on Maddow and you’ve got Sally Kohn.


42 posted on 06/30/2014 1:27:24 PM PDT by EDINVA
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To: Tammy8

The liberal war on women is particularly virulent against nuns!


43 posted on 06/30/2014 1:31:28 PM PDT by Gumdrop (~)
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To: 2ndDivisionVet

The town where I live is filled with CORPORATIONS!!!!


44 posted on 06/30/2014 2:56:21 PM PDT by 1010RD (First, Do No Harm)
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To: GeronL
the left is already threatening violence aren’t they?

Yes. Twitter is full of Leftists threatening to burn down Hobby Lobby stores.

45 posted on 06/30/2014 6:52:59 PM PDT by backwoods-engineer (Blog: www.BackwoodsEngineer.com)
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