Corporate Religion
28/11/12 17:32![[identity profile]](https://www.dreamwidth.org/img/silk/identity/openid.png)
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A few cases involving the mandates on employers have come down in the last week, which raise some interesting issues:
* In Tyndale House Publishers v. Sebelius, the Washington, DC district court granted an injunction on penalties stemming from the publishing house's refusal to offer contraceptive coverage, citing religious freedom. Of the key findings from the ruling, it was held that even the indirect burden is enough to cause a religious liberty issue, and that the government lacked a compelling interest in handing down the mandate.
* In Hobby Lobby Stores, Inc. v. Sebelius, an Oklahoma district court ruled in favor of the federal government in part because the ruling differentiated between for-profit and religious corporations, making a distinction between organizations involved in worship and organizations that, at least according to this judge, are for-profit or simply religiously-associated.
We now have 4 lower court rulings in play right now regarding the contraception mandate. All four involved for-profit institutions, only Hobby Lobby ruling in favor of the government on the issue, and none of this has anything to do with the Liberty University case that just made it back to the 4th Circuit.
Why shouldn't corporate entities have religious freedom rights? Especially in the case of places like Hobby Lobby, who outright state that '[T]he foundation of our business has been, and will continue to be strong values, and honoring the Lord in a manner consistent with Biblical principles." Given the first amendment, hasn't the government clearly overstepped their bounds?
* In Tyndale House Publishers v. Sebelius, the Washington, DC district court granted an injunction on penalties stemming from the publishing house's refusal to offer contraceptive coverage, citing religious freedom. Of the key findings from the ruling, it was held that even the indirect burden is enough to cause a religious liberty issue, and that the government lacked a compelling interest in handing down the mandate.
* In Hobby Lobby Stores, Inc. v. Sebelius, an Oklahoma district court ruled in favor of the federal government in part because the ruling differentiated between for-profit and religious corporations, making a distinction between organizations involved in worship and organizations that, at least according to this judge, are for-profit or simply religiously-associated.
We now have 4 lower court rulings in play right now regarding the contraception mandate. All four involved for-profit institutions, only Hobby Lobby ruling in favor of the government on the issue, and none of this has anything to do with the Liberty University case that just made it back to the 4th Circuit.
Why shouldn't corporate entities have religious freedom rights? Especially in the case of places like Hobby Lobby, who outright state that '[T]he foundation of our business has been, and will continue to be strong values, and honoring the Lord in a manner consistent with Biblical principles." Given the first amendment, hasn't the government clearly overstepped their bounds?
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Date: 29/11/12 02:16 (UTC)(no subject)
Date: 29/11/12 03:34 (UTC)(no subject)
Date: 29/11/12 03:49 (UTC)It's part of how for an atheist he sure tends to take the theistic side of discussions far more than an atheist reasonably should.
My point is that he doesn't seem to believer that a separation of church and state is viable, and I'm also beginning to seriously question if he is in fact an atheist as opposed to a theist who's adopting an atheist POV for hipsterism.
(no subject)
Date: 29/11/12 03:54 (UTC)You think it violates the establishment clause, he thinks it violates the free exercise clause. I understand his objection, but not yours. Specifically, I want to know how your theory accounts for the Amish exemption to paying Social Security.
(no subject)
Date: 29/11/12 04:08 (UTC)That being said, my view is that this is illegal because it violates the tenet that the USA is not a society where one religion imposes its view on others. Imagine if a corporation mandated all women wear burkas or that its employes to ascend the latter must offer the dripping hearts of young people to the Unconquerable Sun. Would *that* be covered by the religious aspect as Jeff finds everything to do with religion being so covered?
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Date: 29/11/12 04:11 (UTC)Your examples are so extreme as to be absurd. The Amish have a strong religious objection, and don't impose their beliefs on others because they are required by their exemption to provide a roughly equivalent social safety net by themselves.
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Date: 29/11/12 04:22 (UTC)(no subject)
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Date: 29/11/12 04:12 (UTC)[T]he foundation of our business has been, and will continue to be strong values, and honoring the Lord in a manner consistent with Biblical principles."
Stating this as a foundation is no different, from that POV, than stating that the foundation of a business is offering dripping hearts to the Right-Handed Hummingbird to prevent the arrivals of the Star Gods. No business has the right to assume government protection of its right to impose the religious views of its boss on others. No business can appeal to the government to give it that right. The Church and the State have always been and will always be two separate things in any healthy Christian society.
Likewise, businesses have no business associating God with Mammon. This, however, is a theological argument. Since Jeff saw fit to bring into it the statement by Hobby Lobby, I have no problem telling him that he's full of nonsense in claiming that God and Mammon can be yoked together and that anyone who's actually studied that connection should agree with it. Using a religious argument is easily refutable by a religious counterargument, but it's as political as Sophia_Sadek's Caesar salad.
(no subject)
Date: 29/11/12 04:16 (UTC)Congratulations, you've now got a practicing Roman Catholic defending the atheist. How can that be?
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Date: 29/11/12 04:23 (UTC)(no subject)
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Date: 29/11/12 04:42 (UTC)How is it that the only reasonable way to get contraception nowadays is through Hobby Lobby? (I'm being semi-facetious here, but with a point.)
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Date: 29/11/12 04:38 (UTC)(no subject)
Date: 29/11/12 12:44 (UTC)There are certain rabbit holes I refuse to go down with you anymore, lest it devolve into a "37th Tigers/Stalin/Grant" craziness again. I don't have the energy for it.
It's part of how for an atheist he sure tends to take the theistic side of discussions far more than an atheist reasonably should.
If the government can tell a religious person how to worship, they can tell a nonreligious person how to as well. And there are many more of them than there are of me, and they won't be rushing to my defense.
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Date: 29/11/12 19:44 (UTC)(no subject)
Date: 29/11/12 20:09 (UTC)There are legal restrictions. Its why I want my dog to be a certified guide dog.
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Date: 29/11/12 21:33 (UTC)(no subject)
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Date: 29/11/12 15:07 (UTC)2) The governments of these states do do that when they ban atheists from say, holding government office. But that quite obviously is less of an issue to you than the people who want to justify business in the eye of God, who as per the Bible they claim to read is not fond at all of such pretensions.