Posts tagged with: supreme court

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…)

firstamendmenteThe Supreme Court recently decided (in Greece v. Galloway) that the New York town of Greece had the right to open its town board meetings with prayer, and that this did not violate the rights of anyone, nor did it violate the Constitutional mandate that our government cannot establish a religion. The town, the Court found, did not discriminate against any faith, and there was no coercion to pray.

We know that the Founding Fathers were not all Christians. However, they all wished to see a nation where religious faith was respected and accommodated. The president and CEO of Alliance Defending Freedom, Alan Sears, writes:

Religious coercion was a great concern to the Founders, and rightly so. But their view of coercion was true coercion, in which people were ordered to act (or refrain from acting) in violation of their conscience. For the Founders, coercion looked more like the current health care dispute in which the government is compelling family businesses to provide insurance coverage for abortion-inducing drugs regardless of those families’ deeply held religious beliefs. That’s coercion. As to how the Founders viewed legislative prayer, there can be no question; they considered it a desired accommodation of religion, and not coercion.

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first amendmentKatherine Stewart is most unhappy about the recent Supreme Court decision, Greece v. Galloway. The Court upheld the right of the town of Greece, New York, to being town hall meetings with prayer, so long as no one was coerced into participating. And that makes Ms. Stewart unhappy.

In an op-ed piece for The New York Times, Ms. Stewart decries the Court’s decision as something akin to a vast, right-wing conspiracy.

The first order of business is to remove objections by swiping aside the idea that soft forms of establishment exist at all. Here, the Greece decision delivers, substantially.

A second element of the plan for undermining concerns based on the First Amendment’s Establishment Clause is to reinterpret public acts as personal expressions of speech by private individuals. Thus, when the minister appointed by the municipal government of Greece bids “all rise,” the Supreme Court majority tells us, this is not an establishment of religion because the words are not uttered by public officials. And when the town leaders respond with a sign of the cross, that isn’t establishment either, because, just then, public officials are acting as private individuals.

Another prong in the assault on the Establishment Clause is to use neutrality among religious denominations as a wedge for inserting the (presumed) majority religion into state business.

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Anti-Abortion Activists Demonstrate Outside The Supreme CourtWhat was the Greece vs. Galloway case about?

The short answer: The constitutionality of saying religiously specific prayers (e.g., praying in Jesus name) at government meetings and functions.

The (slightly) longer answer: In the town of Greece, located in upstate New York, the Town Board sessions were opened by a prayer from local clergy, mostly leaders of Christian congregations although in a few instances members of other faith traditions offered the invocation (a Jewish man, a Baha’i leader, and a Wiccan). The Second Circuit Court ruled the prayers were unconstitutional since they aligned the town government officially with a particular faith — Christianity. The case was appealed to the Supreme Court.

What was the Supreme Court’s ruling?

In a 5-4 decision, split along traditional right-left lines with Justice Kennedy joining the majority, the court ruled that the town’s practice of beginning legislative sessions with prayers does not violate the Establishment Clause of the First Amendment. Justice Kennedy’s opinion for the Court concludes:
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bandj missionHobby Lobby and Conestoga Wood Specialties are two companies with consciences. It is that sense of morality that has put both those companies before the Supreme Court right now. These companies, in accordance to their understanding of right and wrong, do not want to be forced (by government mandate) to pay for employees’ birth control and abortions.

Should the government have a say in a company’s conscience?

Ben & Jerry’s, the Vermont-based ice cream makers, have a conscience. Their mission has three parts: product, economic and social. Their social mission reads:

Our Social Mission compels us to use our Company in innovative ways to make the world a better place. To operate the company in a way that actively recognizes the central role that business plays in society by initiating innovative ways to improve the quality of life locally, nationally and internationally.

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hobbylobby1The Supreme Court recently heard oral arguments in the Hobby Lobby contraception case. But which arguments will have the most influence on the justices? Michael McConnel, a respected Religion Clauses scholar from Standford, explains which four arguments are most likely to be important:

Cutting through the politicized hype about the Hobby Lobby and Conestoga case (“Corporations have no rights!” “War on Women!”) the Justices during oral argument focused on four serious legal questions, which deserve a serious answer:

(1)  Could Hobby Lobby avoid a substantial burden on its religious exercise by dropping health insurance and paying fines of $2,000 per employee?

(2)  Does the government have a compelling interest in protecting the statutory rights of Hobby Lobby’s employees?

(3)  Would a ruling in favor of Hobby Lobby give rise to a slippery slope of exemptions from vaccines, minimum wage laws, anti-discrimination laws, and the like?

(4)  Has the government satisfied the least restrictive means test?

I think the answer to all four questions is “no.” I offer brief thoughts on each below.

Read more . . .

CVS-no-cigsThe CVS chain made an announcement a few weeks ago: they would no longer sell tobacco products at their stores. CVS President and CEO Larry Merlo said:

As the delivery of health care evolves with an emphasis on better health outcomes, reducing chronic disease and controlling costs, CVS Caremark is playing an expanded role through our 26,000 pharmacists and nurse practitioners. By removing tobacco products from our retail shelves, we will better serve our patients, clients and health care providers while positioning CVS Caremark for future growth as a health care company. Cigarettes and tobacco products have no place in a setting where health care is delivered. This is the right thing to do.

Merlo’s own father died of lung cancer, and Merlo felt that this was not only a business decision, but an ethical one. (more…)