Posts tagged with: supreme court

community-muralWhat is a “community?” What are the boundaries of a community or organization? And – most important – why is community important?

Andy Crouch, writer, musician and Acton University plenary speaker, says we need to ask and answer these questions. He begins his discussion with the recent Supreme Court decision regarding Hobby Lobby and Conestoga Woods. While the decision was sound, Crouch says it speaks to something beyond the law:

It reminds us that fewer and fewer of our neighbors understand how religious organizations—and all communities smaller than the state—contribute to human flourishing and the common good.

One essential question in Burwell v. Hobby Lobby was the extent to which a for-profit corporation can hold to a religious (in this case, Christian) identity. In her dissent, Ruth Bader Ginsburg cited approvingly the idea that for-profit groups “use labor to make a profit, rather than to perpetuate a religious-values-based mission.”

The words rather than are key. In Justice Ginsburg’s view, it seems, corporations cannot serve—or at least the law cannot recognize that they serve—any god other than Mammon. She articulated an equally small view of nonprofits when she wrote that “religious organizations exist to foster the interests of persons subscribing to the same religious faith.”

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scarjoDespite my esteemed background in high school drama (I starred in several productions), I don’t critique acting, except over the water cooler. I don’t have a clue what it takes to make a movie, let alone make a movie well. I assume Scarlett Johansson does, as she’s made a number of them. But clearly, Ms. Johansson doesn’t do so well with logic.

Ms. Johansson has designed t-shirts for Planned Parenthood. The hot pink t’s feature a cartoon male on the front, along with “Hey Politicians! The 1950s called…”; the back reads, “They want their sexism back!” Ms. Johansson stated her reason for wanting to be part of this project:

When I heard that some politicians were cheering the Supreme Court’s decision to give bosses the right to interfere in our access to birth control, I thought I had woken up in another decade,” explained Johansson in a statement.

“Like many of my friends, I was appalled by the thought of men taking away women’s ability to make our own personal health care decisions,” she added.

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contraceptive-mandateToday the Department of Health and Human Services issued yet another revision regarding its contraception mandate. Details on the new regulations should be announced within a month. According to the Wall Street Journal:

Justice Department lawyers said in a brief filed Tuesday with the U.S. Court of Appeals for the 10th Circuit that the federal government would issue new regulations in the next month that will apply to all nonprofit institutions that say the faith with which they are affiliated is opposed to the use of most forms of contraception.

“The Wheaton College injunction does not reflect a final Supreme Court determination,” the brief said. “Nevertheless, the Departments responsible for implementing the accommodations have informed us that they have determined to augment the regulatory accommodation process in light of the Wheaton College injunction and that they plan to issue interim final rules within a month. We will inform the Court when the rules are issued.”

A senior administration official said the details of the rules are still being worked out. But it is likely that the Supreme Court’s order will shape the new compromise arrangement, and that nonprofit institutions will be able to write a letter stating their objections, rather than filing a form. That would leave the federal government to work out how those employers get access to contraception coverage.

In reply to this news, Lori Windham, Senior Counsel for the Becket Fund for Religious Liberty, says:

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church and flagAt RealClearReligion, Rev. Robert Sirico remarks on concerns about liberty in the U.S., spurred on by the recent Supreme Court ruling regarding Hobby Lobby and the HHS mandate. Sirico wonders why we are spending so much time legally defending what has always been a “given” in American life: religion liberty. While the Hobby Lobby ruling is seen as a victory for religious liberty, Sirico is guarded about where we stand.

Many celebrated the Supreme Court’s June 30 ruling on Hobby Lobby. But let’s not get ahead of ourselves: Plenty of other challenges are coming for churches, synagogues, mosques and, yes, businesses.

On July 21, President Obama issued an executive order that prohibits federal government contractors from “sexual orientation” and “gender identity” discrimination and forbids “gender identity” discrimination in the employment of federal employees. In a scathing response, the U.S. Conference of Catholic Bishops decried the executive order as “unprecedented and extreme and should be opposed.” (more…)

Hobby-Lobby-StoreWhen the Supreme Court ruled on the Hobby Lobby case, the near universal reaction by liberals was that it was a travesty of epic proportion. But as self-professed liberal law professor Brett McDonnell argues, the left should embrace the Hobby Lobby decision since it supports liberal values:

The first question was: Can for-profit corporations invoke religious liberty rights under RFRA? The court answered yes. HBO’s John Oliver nicely expressed the automatic liberal riposte, parodying the idea that corporations are people. It is very funny stuff.

It is not, however, especially thoughtful stuff. The court does not argue that corporations are just like real people. Rather, it argues that people often exercise faith collectively, in organizations. Allowing those organizations to assert religious-liberty rights protects the liberty of the persons acting within them. The obvious example is churches, usually legally organized as nonprofit corporations.

The real issue is not whether corporations of any type can ever claim protection under RFRA — sometimes they can. The issue is whether for-profit corporations can ever have enough of a religious purpose to claim that protection.

To me, as a professor of corporate law, liberal denial of this point sounds very odd. In my world, activists and liberal professors (like me) are constantly asserting that corporations can and should care about more than just shareholder profit. We sing the praises of corporate social responsibility.

Well, Hobby Lobby is a socially responsible corporation, judged by the deep religious beliefs of its owners. The court decisively rejects the notion that the sole purpose of a for-profit corporation is to make money for its shareholders. This fits perfectly with the expansive view of corporate purpose that liberal proponents of social responsibility usually advocate — except, apparently, when talking about this case.

McDonnell is right, of course. Support for religious liberty should transcend partisan political lines. And it used to be an issue that was championed by liberals. The fact that religious liberty is now despised and denigrated reveals a sudden, perhaps irrevocable shift in the nature of progressivism in America.

(Via: Rod Dreher)

FreeSpeechThe First Amendment (“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances”) is for all Americans. I know that seems obvious, but the folks at Salon seem to need a reminder.

Jenny Kutner has taken offense to a group of Catholic women expressing their opinion. The topic is birth control. (Let me just say that good Christians disagree on this topic. I’m not discussing the legitimate use of artificial birth control here, but rather the right to express one’s opinion on the topic.) In response to the Supreme Court’s decision regarding Hobby Lobby, Buzzfeed featured a group of women holding signs that expressed why they chose to use birth control. About a week later, Buzzfeed featured another group of women who held up signs explaining why they chose not to use artificial birth control. And that’s when Kutner lost it. (more…)

Birth ControlOne of my jobs when I was in college was doing tech work (lights and sound) for a small but busy theater. I enjoyed the work, and most of my co-workers, not to mention the opportunity to meet the varied and creative people who came to perform. One of my co-workers, though, was a first-class jerk. His hands “wandered,” he said inappropriately sexual things to me and harassed me. When I finally figured out that he was targeting me, I told him to not only knock it off, but if he didn’t, I’d call his wife and let her know exactly what he was doing. He never bothered me again. This situation did not require a bill to passed in Congress, nor a sexual harassment seminar for all employees. It required me to stand  up for myself.

When Sandra Fluke testified before a House panel on the need for employers to pay for women’s contraception in 2012, her testimony was celebrated by radical feminists and decried by women who believed we should be responsible for our own healthcare. It’s interesting to note how the President of the United States reacted to the whole situation. President Obama called Ms. Fluke to tell her that her parents should be proud of her. Huh? Ms. Fluke wasn’t some 4th-grade girl who stood up to bullies. She’s an adult, making adult choices and decisions. Why did the president feel it necessary to bring her parents into the discussion? (more…)

Acton Institute President and Co-Founder Rev. Robert A. Sirico had a busy media day yesterday in the wake of the release of the Supreme Court’s decision in the Hobby Lobby vs. Sebelius case. using the audio player below, you can listen to an interview with Rev. Sirico on The Michael Berry Show on Houston’s 740 AM KTRH radio where the impact of the decision is examined. Additionally, beyond the jump I’ve embedded Rev. Sirico’s appearance on Bloomberg TV’s Street Smart with Trish Regan, where he participated on a panel discussing the decision.

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Earlier today, Rev. Sirico spoke with WSJ Live’s Mary Kissel about the contraceptive mandate ruling, religion’s place in the public square, and the historical context of the Supreme Court’s decision. Watch below:

t873In a 5-4 decision, the Supreme Court just announced its ruling in favor of Hobby Lobby, holding that, “as applied to closely held corporations, the government’s HHS regulations imposing the contraceptive mandate violate the Religious Freedom Restoration Act of 1993 (RFRA).” The full opinion, written by Justice Samuel Alito, can be read here.

Although there is still much to digest, and although the majority opinion still leaves quite a bit of room for related battles to continue, it’s worth noting that that whatever perceived “narrowness” we see in the decision — confining things specifically to closely held corporations — remains a significant victory, particularly given our culture’s prevailing attitudes about business.

According to HHS, by simply incorporating one’s business in the pursuit of profit — “without in any way changing the size or nature of their businesses” — a company “would forfeit all RFRA (and free-exercise) rights” (quotes from Alito’s paraphrase). The arguments supporting such a view vary, including the principal argument advanced by HHS that corporations cannot “exercise religion.”

Alito dissects this from a variety of angles, and does so rather compellingly. But one of the more noteworthy sections is his refutation of the notion that for-profit corporations aren’t protected by RFRA because they “simply seek to make a profit.” (more…)