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HOBBY LOBBY
So basically:
The Court upheld a June 2013 ruling by the Tenth Circuit Court of
Appeals protecting Hobby Lobby and the Green family from the U.S.
Department of Health and Human Services (HHS) mandate. That
mandate requires Hobby Lobby and co-founders David and Barbara
Green to provide and facilitate, against their religious convictions,
four potentially life-terminating drugs and devices in the companys
health insurance plan. The Greens argued that the mandate
substantially burdened their religious beliefs in violation of a federal
law, the Religious Freedom Restoration Act.
All based upon the religious belief that abortion is wrong
Questions I have:
1. Can a corporation be a person within the meaning of
RFRA?
The majority says that the answer is yes, a corporation is a person
who can exercise religious beliefs under RFRA. This is a statutory and
not a constitutional interpretation. HOWEVER, the majority also
dismissed the argument that it would be difficult to determine a
corporations religious belief when different board members have
different religious beliefs. The majority just said we would turn to
state law when such questions arise.
2. Does the birth control mandate place a substantial
burden on Hobby Lobbys religious beliefs?
the majority says that the birth control mandate does place a
substantial burden on Hobby Lobbys religious beliefs. And this
sentence is crucial: The owners of the businesses have religious
objections to abortion, and according to their religious beliefs the four
contraceptive methods at issue are abortifacients.