Two different federal appeals courts have issued opposite rulings on whether Obamacare can force company owners to violate their religious beliefs by providing contraception and abortifacients to their employees.
A divided panel of the U.S. Court of Appeals for the 3rd Circuit ruled that a Pennsylvania cabinet-making company owned by a Mennonite family must comply with the contraceptive mandate contained in the Affordable Care Act.
The majority said it “respectfully disagrees” with judges in the U.S. Court of Appeals for the 10th Circuit in Denver, who recently narrowly found just the opposite. A split in interpreting federal statutes is usually an invitation for the Supreme Court to resolve the issue.
The court noted that there are numerous rulings that held corporations have free speech rights, but said there was a “total absence of caselaw” to support the argument that corporations are protected by the Constitution’s guarantee of free exercise of religion. Apparently, the court thinks that only part of the First Amendment applies to corporations.