Posts Tagged ‘religious liberty’

With Hobby Lobby, the Supreme Court majority paves the way for minimal changes initially, great changes eventually

July 1, 2014

By Matthew E. Milliken
MEMwrites.wordpress.com
July 1, 2014

Author’s note: This post was updated on July 4 to correct the name of the author of a commentary on Supreme Court racial discrimination rulings that Reuters published in May.

With a 5-4 decision, the Supreme Court ruled on Monday morning that the government could not compel closely held for-profit corporations to provide contraception to its employees. The majority opinion, written by Associate Justice Samuel Alito, essentially prioritizes the 1993 Religious Freedom Restoration Act over a contraception coverage mandate contained in 2010’s Patient Protection and Affordable Care Act.

One of Alito’s key arguments in Burwell v. Hobby Lobby, beyond his assertion that for-profit businesses are entitled to religious beliefs, is that there is no legal basis in the 1993 law for distinguishing among nonprofit and for-profit corporations. While the justice concedes that providing widespread contraception coverage is in fact a compelling government interest, Alito asserts that the Obamacare law’s mandate is not the least restrictive means of furthering that interest, and thus should be stricken.

Defenders of the ruling note that it is narrow; indeed, the court’s summary includes a disclaimer that “[t]his decision concerns only the contraceptive mandate and should not be understood to hold that all insurance-coverage mandates, e.g., for vaccinations or blood transfusions, must necessarily fall if they conflict with an employer’s religious beliefs.”

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