Hobby Lobby, an arts and crafts retailer with 588 stores across the U.S. is involved in a federal lawsuit against the HHS mandate. Aided in their legal fight by The Becket Fund, Hobby Lobby wants people to know what is at stake in their fight against the federal government’s mandate that employers must include birth control, abortifacients and abortions in employee health care coverage. David Green, founder and CEO of Hobby Lobby has stated:
My family and I are encouraged that the U.S. Supreme Court has agreed to decide our case. This legal challenge has always remained about one thing and one thing only: the right of our family businesses to live out our sincere and deeply held religious convictions as guaranteed by the law and the constitution. Business owners should not have to choose between violating their faith and violating the law.
On Monday, the Eastern District Court of New York State struck down a lower court’s decision that the Catholic Archdiocese of New York had to comply with the HHS mandate requiring all employers to provide artificial birth control, abortifacients and abortion coverage as part of employee health care. Here are 6 things you need to know about this decision.
There are a lot of cases out there against the HHS mandate. What makes this decision special?
This case is important…because it recognizes that even the act of having to claim the exemption is an unacceptable burden on religion…The Archdiocese of New York, and many other religious organizations, pointed out that the act of self-certifying is itself a violation of its religious beliefs and sued.
Business, we are told, is supposed to have a conscience to survive. For instance, Chad Brooks at Fox Business says that businesses have to be “socially conscience” in order to attract customers:
Young consumers consider social responsibility most when shelling out big bucks for products such as automobiles, computers, consumer electronics and jewelry, the study found. Specifically, more than 40 percent of consumers under 30 consider social issues when buying a big-ticket item, compared to just 34 percent who factor in those issues when buying everyday items, like gasoline and food.
The White House stance assumes that women care far more about free access to contraceptives, or their sex lives, than about religious freedom, or allowing businesses to have a conscience. This view of women is degrading. It treats women as one-dimensional victims needing the protection of government-as-big-brother.
The American Spectator features a piece from Acton’s Director of Research Sam Gregg today regarding Americans’ distrust of the federal government. While disdain for politicians is nothing new, Gregg says there is something beyond simple dislike for political shenanigans:
There is, however, another dimension to this problem that’s now receiving more attention. This is the emergence over the past two decades of what the 2006 Nobel Laureate Edmund Phelps calls in his new book, Mass Flourishing, the “new corporatism.” This is a set of political and economic arrangements, Phelps maintains, that’s crippling economic growth while simultaneously creating a new set of “insiders” and “outsiders” in America — with most politicians being firmly in the “insider” category.
Cornerstone University, a Grand Rapids, Mich.-based Christian university, has joined the myriad of lawsuits against the HHS mandate requiring abortion-inducing drugs as part of employee insurance coverage.
This filing is first and foremost an effort to preserve and protect our religious freedom as guaranteed by the First Amendment,” Cornerstone President Joseph Stowell wrote in an email Wednesday to donors and alumni. “Given our conviction that life begins at conception and our commitment to the sanctity of life, we find the mandate to provide our faculty, staff, and students with insurance that provides access to abortion-inducing pills unacceptable. The government should not be able to force us to buy or provide insurance that gives access to morally objectionable drugs, devices, and services that violate our biblical convictions.”
The panda cam at the Washington, D.C. zoo is down. The IRS is still taking our money, but not refunding anything. Barricades are up around open air monuments such as the Lincoln Memorial and the WWII Memorial. Only 15 people, instead of the usual 90, are looking after the First Family. There are a number of government employees, such as the National Weather Forecasters, who aren’t getting paid. (By the way, the weather forecaster is South Dakota went to work anyway, because of a massive snowstorm. They are stand-up folks.) During this government “shut-down” only 17 percent of the federal government is really shut down. Most of us are going about our daily lives feeling very little effect (except perhaps a news-induced headache.) (more…)
There is little doubt that we will see more Sen. Ted Cruz like broadsides against Washington’s power structure. Obamacare might be the straw that broke the camel’s back when it comes to ceding power to Washington. A point that was made Ad nauseum during Cruz’s 20 hour plus talk fest on the Senate floor is that what he did matters little. Nothing would change from a legislative or a procedural standpoint. While I think that’s true for the short term, the credibility of the Republican leadership in the Senate may have taken a fatal blow. To see what that means for those fighting for conservatism and limited government check out Matt Walsh’s excellent post on National Review Online.
It was a definitive moment for the triumph of principle and that imagery matters not just to liberalism or the statist but for conservatism too. Every battle against collectivism doesn’t require an immediate victory but it does require a victory for principle. Most Americans know the federal government is broken. They sense there is something fundamentally wrong with the political leadership and the direction of the country. Despite America’s culture of escapism through entertainment, there are still millions of people paying attention. They don’t want to become what Alexis de Tocqueville warned in Democracy in America, as nothing more than “a flock of timid and industrious animals, of which the government is the shepherd.”
Political infighting and procedure aside, the larger point is an important one. We are increasingly arriving at the point where we will see more and more public show downs against the federal government by those constituencies that know it is broken, out of touch, and corrupt. The result of more and more centralization and federal control over our lives inevitably exacts push back.
Walsh’s point at NRO is that the Republican leadership in the Senate is just the first victim of the grassroots broadside. It will be interesting to see how the battle over power plays out and the biggest obstacle indeed is the secularism of society. Secular cultures demand centralization and planning in their futile attempt to perfect society. And while the federal government continues to expand in its already bloated form, it does so with great risk. More and more people will take notice and the bigger it is, the harder the entrenched power structure could come crashing down.
In 1831 Alexis de Tocqueville, a young French aristocrat and ambitious civil servant, made a nine-month journey throughout America. The result was Democracy in America, a monumental study of the life and institutions of the evolving nation.
There are 14 million Americans who are out of work yet don’t show up in the monthly unemployment statistics. The federal government spends more money each year on cash payments for this group than it spends on food stamps and welfare combined. They are part of the hidden social safety net. They are the disabled former workers.
NPR’s Planet Money has produced a fascinating report on the growth of federal disability programs and what disability means for American workers. Here are some of the highlights.
Whether you’re disabled often depends on your education level and what types of work you can do:
“We talk about the pain and what it’s like,” he says. “I always ask them, ‘What grade did you finish?’”
What grade did you finish, of course, is not really a medical question. But Dr. Timberlake believes he needs this information in disability cases because people who have only a high school education aren’t going to be able to get a sit-down job.
Dr. Timberlake is making a judgment call that if you have a particular back problem and a college degree, you’re not disabled. Without the degree, you are.
Rienzi, an assistant professor at the Columbus School of Law at The Catholic University of America, writes in direct response to the federal government’s HHS contraception mandate, focusing on the religious liberty challenges faced by for-profit companies. As Rienzi argues, imposing such penalties requires “singling out religion for disfavored treatment in ways forbidden by the Free Exercise Clause and federal law.”
From the abstract:
Litigation over the HHS contraceptive mandate has raised the question whether a for-profit business and its owner can engage in religious exercise under federal law. The federal government has argued, and some courts have found, that the activities of a profit-making business are ineligible for religious freedom protection.
This article offers a comprehensive look at the relationship between profit-making and religious liberty, arguing that the act of earning money does not preclude profit-making businesses and their owners from engaging in protected religious exercise.
Many religions impose, and at least some businesses follow, religious requirements for the conduct of profit-making businesses. Thus businesses can be observed to engage in actions that are obviously motivated by religious beliefs: from preparing food according to ancient Jewish religious laws, to seeking out loans that comply with Islamic legal requirements, to encouraging people to “know Jesus Christ as Lord and Savior.” These actions easily qualify as exercises of religion. (more…)