Nov. 27, 2013
Column #1,683
Supreme Court Accepts Religious Liberty Case
By Mike McManus
The U.S. Supreme Court has accepted a landmark case addressing the right of
Hobby Lobby Stores to operate their family company without being forced to
provide potentially life-terminating drugs in employee insurance plans that
violate the conscience of the owners. Founder David Green and his family operate
500 stores in 41 states.
“It is the most important religious liberty question in recent years,” says
Russell Moore, president of the Southern Baptist Convention’s Ethics & Religious
Liberty Commission. “What’s at stake in this case is whether or not the
Constitution guarantees the free exercise of religion.”
The Court also agreed to hear a similar case of Conestoga Wood Specialties, a
cabinet-making firm owned by a Mennonite family.
The 10th U.S. Circuit Court of Appeals in Denver concluded that forcing Hobby
Lobby to comply with the Obamacare mandate to provide contraceptives,
sterilization and abortion-inducing “morning after pills” at no cost – against
the faith of the owners - would violate the Religious Freedom Restoration Act, a
1993 law protecting religious expression.
By contrast, the 3rd Circuit Court of Appeals ruled against Conestoga. A divided
court stated, “We simply cannot understand how a for-profit, secular corporation
– apart from its owners – can exercise religion,” wrote Circuit Judge Robert
Cowen.
David Green says his family believes that “It is by God’s grace and provision
that Hobby Lobby has endured.” Therefore, the Greens seek to honor God by
“operating their company in a manner consistent with Biblical principles.” For
example, all stores are closed on Sunday at a cost of millions so that employees
can worship and spend time with their families. Additionally, full-time workers
now start at 90% above the federal minimum wage, $13.77 - not $7.25. The company
really is living the faith of the owners.
The White House released a statement, “We believe this requirement is lawful and
essential to women’s health and are confident the Supreme Court will agree. The
President believes that no one, including the government or for-profit
corporations should be able to dictate those decisions to women.”
Dictate what decisions? Hobby Lobby actually provides contraceptives at its cost
in its health plan, but objects to being forced to pay for abortion-inducing
drugs.
Women who want them can buy them. They are not being prohibited from doing so.
Much larger freedom of conscience cases are being fought in 44 lawsuits by
Catholic Dioceses, Southern Baptists, Catholic University, the evangelical
Wheaton College, etc. Why should these religious employers be forced to provide
drugs to their employees which violate their consciences?
The Erie and Pittsburgh Dioceses won a major victory last week in a Federal
District Court which found that the mandate “places a substantial burden on
Plaintiffs’ right to freely exercise their religion.”
What’s more important, the Court asserted that the Dioceses are “likely to
succeed on the merits,” of their claim under the Religious Freedom Restoration
Act.”
Archbishop Joseph Kurtz, the new president of the U.S. Conference of Catholic
Bishops, reacted joyfully: “Just recently the U.S. bishops issued a unanimous
message reaffirming our resolve to resist the HHS mandate and protect our
religious freedom. The court’s decision vindicates that approach and we fully
expect more decisions like these to follow. I’m strongly encouraged by the
Court’s rejection of the government’s attempt to reduce freedom of religion to
freedom of worship.”
This is an issue of concern to most religious denominations of 150 million
Americans. Last summer about 100 leaders of many denominations and 20
universities issued an “Open Letter to All Americans Standing for Religious
Freedom.” Signers ranged from Dr. Moore and Catholic Archbishop William Lori to
the president of the National Association of Evangelicals, and leaders of the
Lutheran Church- Missouri Synod, Russian Orthodox, and even Hare Krishna and
Church of Scientology.
They said the HHS mandate represents a “breach of conscience by the federal
government. Very simply, HHS is forcing Citizen A, against his or her moral
convictions, to purchase a product for Citizen B. The HHS policy is coercive and
puts the administration in the position of defining – or casting aside –
religious doctrine. This should trouble every American.”
They noted that many signatories of the letter “do not hold doctrinal objections
to the use of contraceptives. Yet we stand united in protest to this mandate,
recognizing the encroachment on the conscience of our fellow citizens.”
They quoted the First Amendment that “Congress shall make no law respecting an
establishment of religion or prohibiting the free exercise thereof.”…HHS
breaches the free exercise clause and federal statutes (passed with broad
bipartisan support.)”
This is one battle Obama will lose.
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