The Green family, owners of Hobby Lobby, continue to express their views as to why the HHS mandate violates their faith. This short video highlights Green family members discussing their faith and how it informs all their decisions.
In a new video from the Becket Fund for Religious Liberty, the Green Family, owners of the embattled retail chain, Hobby Lobby, discusses the religious foundation of their business and the threat the federal government now poses to those who share their beliefs.
“What’s at stake here is whether you’re able to keep your religious freedom when you open a family business,” says Lori Windham, Senior Council at The Becket Fund, “whether you can continue to live out your faith in the way that you live every aspect of your life.” (more…)
Last week, over 80 amicus briefs were filed with the Supreme Court on both sides of Hobby Lobby’s challenge to the HHS contraceptive-abortifacient mandate. Here’s what you need to know about amicus briefs and their role in this case.
What is an amicus brief?
An amicus brief is a learned treatise submitted by an amicus curiae (Latin for “friend of the court”), someone who is not a party to a case who offers information that bears on the case but that has not been solicited by any of the parties to assist a court. The amicus brief is a way to introduce concerns ensuring that the possibly broad legal effects of a court decision will not depend solely on the parties directly involved in the case.
Who can submit an amicus brief?
While any interested party can contribute or sign an amicus brief, it can only be filed only by an attorney admitted to practice before the Supreme Court. After filing, the Court decides whether it will accept the brief. Supreme Court Rule 37 provides that an amicus curiae brief which brings relevant matter to the Court’s attention that has not already been brought to its attention by the parties is of considerable help to the Court. An amicus brief which does not serve this purpose burdens the staff and facilities of the Court and its filing is not favored.
Do amicus briefs have any influence on Supreme Court rulings?
Mona Charen, writing for National Review Online, notes that the image-conscious Obama Administration has not been very careful about choosing it foes in the HHS mandate fight. Wanna pick a fight? How about some Catholic sisters?
The Little Sisters of the Poor is a Catholic charity providing care to the poorest elderly in a hospice-like setting. They serve 13,000 people in 31 countries, and operate 30 homes in the United States. Their faith calls them to treat every person, no matter how old, disabled, or poor, as if he or she were “Jesus himself.” There is no religious test for admission, only that you be poor and in need of care at the end of life. Think thousands of Mother Teresas.
Increasingly, Americans who adhere to a religion are told they cannot “force their beliefs” on others. Simply stating publicly that one doesn’t believe gays have the right to marry can cost you your career. Literally hundreds of lawsuits are now in motion against the government because employers do not want to be forced to violate their religious beliefs by paying for employees’ contraception and/or abortions.
Lawmakers from both parties and across the political spectrum found common ground and passed, by a near-unanimous vote, the Religious Freedom Restoration Act, which firmly commits the federal government to protecting and promoting our “inalienable right” to freely exercise religion. As President Clinton remarked when he signed the legislation into law, “the power of God is such that even in the legislative process, miracles can happen.”
Helen Alvare, law professor at George Mason University and co-founder of Women Speak For Themselves, writes in USA Today that Obamacare hurts women. Alvare says that the White House, while posing as the protector of “women and families,” in fact degrades women:
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.
[This post was co-authored with Chris Horst, director of development at HOPE International. He is a This is Our City fanboy and is grateful that Christianity Today has given him freedom to write about manufacturers, mattress sellers, and solar product designers, all working for the common good in Denver, where he lives with his family. Chris blogs at Smorgasblurb, and you can connect with him on Twitter at @chrishorst. His first book, Mission Drift, will hit shelves this spring. The views expressed in this essay are his own.]
In a marvelous profile for This is Our City, Brandon Rhodes explores how a 25-member church is contributing to its neighborhood through farmer’s markets, block parties, and yarn-bombings. “They made a decision to radically localize how they practice being church with the common good and the gospel in mind,” Rhodes writes. “…They take a ‘nearby-first’ approach to living it out.”
James K.A. Smith responds at Cardus, and though he, too, celebrates the slow-and-artsy, he also emphasizes the importance of the macro-and-dirty. Decrying what he describes as “a sort of vague Anabaptism” among younger evangelicals, Smith challenges “Portlandia Christians” to consider the systemic challenges that either hinder or empower our cities. “We have scaled our expectations and our efforts as if the rejection of triumphalism means a retreat from systemic change,” he writes. “It’s like we’ve decided we should make lovely art not culture war.”
Turning his focus toward Detroit, which he describes as a “colossal disaster of municipal government,” Smith concludes that “farmer’s market’s won’t rescue the city” but “good government will.” Yet as he goes on to note, the solution is not either/or, but both/and: “It’s peach preserves and policy making. Coffee shops and court nominations. Block parties and bills in Congress.” (more…)
According to the Becket Fund for Religious Liberty, for-profit businesses won a significant victory for religious liberty today. A federal court granted Hobby Lobby a preliminary injunction against the HHS abortion-drug mandate, preventing the government from enforcing the mandate against the Christian company.
This victory comes less than a month after a landmark decision by the full 10th Circuit Court of Appeals, which ruled 5-3 that Hobby Lobby can exercise religion under the First Amendment and is likely to win its case against the mandate.
“The tide has turned against the HHS mandate,” said Kyle Duncan, General Counsel with the Becket Fund for Religious Liberty, and lead attorney for Hobby Lobby.
In an opinion read from the bench, the court said, “There is a substantial public interest in ensuring that no individual or corporation has their legs cut out from under them while these difficult issues are resolved.”
According to the Becket Fund, there are currently 44 active cases against the Obama administration’s HHS mandate requiring employers to include abortion, sterilization and abortifacients as “health care”. There have been 14 for-profit companies that have filed suit; 11 of those have received temporary injunctions against implementing the mandate.
“Hobby Lobby will continue their appeal before the Tenth Circuit,” said Kyle Duncan, general counsel for The Becket Fund for Religious Liberty, representing Hobby Lobby in the case. “The Supreme Court merely decided not to get involved in the case at this time. It left open the possibility of review after their appeal is completed in the Tenth Circuit.”
Duncan said Hobby Lobby will continue to provide health insurance to all qualified employees.
However, to remain true to their faith, Duncan added, “it is not their intention, as a company, to pay for abortion-inducing drugs.
Justice Antonin Scalia caused quite the stir by attending President Obama’s inauguration ceremony wearing a custom-made replica of the painter’s hat depicted in a famous portrait of St. Thomas More, the well-known Catholic statesman and martyr.
Whether Scalia intended it or not, observers quickly translated the act as a quiet game of connect-the-dots between the administration’s punitive HHS mandate and Henry VIII’s executioner, leading conservatives to applaud while progressives don their own less fashionable bonnets of protest.
Although I don’t expect actual heads to roll anytime soon, the symbolism is fitting indeed. This an administration that seeks to lure Christians away from their consciences through threats of economic penalties and pain. If your religious beliefs happen to clash with the coercive methods and materialistic aims of this administration, blood shall be spilt on the altar of “access.”
The irony abounds. Keep in mind that President Obama ran a campaign that ridiculed Mitt Romney as an Ebenezer Scrooge who clings to his coins without empathy for others and without regard for ethics and morality (all despite Romney’s strong record of charitable giving, might I add). Then and now, this same President seeks to persecute good people like Hobby Lobby’s CEO through economic penalties in the millions of dollars, all for the abonimable sin of caring about and believing in something before and beyond the dollar.
If the great secret of capitalism is its power to leverage and channel the human spirit toward more transcendent ends, the great irony of progressivism is its propensity to take on the image of its own materialistic critiques. (more…)