Over at The Federalist, Gabriel Malor runs down some interesting “illusions” (okay, he calls them lies) regarding the HHS mandate and the Supreme Court. Here’s a quick run-down:
- The HHS mandate is all about women’s rights. Nope: women don’t lose a thing if Hobby Lobby et al. win. What will happen if Hobby Lobby and others like them win their case is that women who do not wish to pay for others’ birth control and/or abortions will not be forced to do so.
- The HHS mandate is about gay rights. Admittedly, this one was new to me. However, there are some who are saying that if business owners don’t have to pay for birth control, they can turn away gay customers as well, or as Malor puts it, if the government loses, it will “unleash an apocalypse of discrimination heretofore avoided.” No; every time there is a possible violation of religious freedom, our court system must weigh each case individually.
- These contraception cases are all about for-profit companies. Big business, bad business, you know. These companies, who are already pocketing millions, are looking for special treatment. However, there is no mention of the corporate form in the First Amendment. It neither includes nor precludes it.
- Corporations cannot exercise freedom of religion. People can (hopefully) but businesses can’t. This would be news to every Catholic diocese in the United States, as they all operate under corporate form.
- We can’t allow dangerous new rights for corporations/businesses. Um, since when has the federal government been allowed to tell business owners what types of insurance they have to provide? Oh, yeah…now.
- Our government has a compelling interest in forcing businesses to provide birth control. Legally, that is what the government has to prove. Of course, this is “bunk,” according to Malor, especially since Kathleen Sebelius has already granted 190 million exemptions. How can the government prove then a compelling interest?