[identity profile] badlydrawnjeff.livejournal.com posting in [community profile] talkpolitics
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?

(no subject)

Date: 29/11/12 18:48 (UTC)
From: [identity profile] chron-job.livejournal.com
As [livejournal.com profile] yes_justice points out above, and as I said above to [livejournal.com profile] gunslinger, by their very nature, the demands of religion can be arbitrary. I can construct or modify a religion to target any expenditure of any local, state, or Federal agency, and thus claim exemption from any local, state, or federal taxes.

The idea of so constructing or modifying a religion is not outlandish... It's my opinion that elements of Modern Evangelical Christianity are exactly so constructed. Its commitment to ensoulment at conception is a new feature predominantly of the 20th century, adopted as part of a larger social strategy to maintain traditional gender roles.

This is why its important to draw a line to how far a religious exemption can go. If simply paying money into a bucket used for various things is enough to be exempted, that construction is apt for massive abuse.

People against abortion and birth control should not be forced to have abortions or use Birth control, but not exempted from their other legal responsibilities. Conscientious objectors are excused from roles where they would be expected to take a life, but not taxes in general.
Edited Date: 29/11/12 18:50 (UTC)

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