Corporate Religion
28/11/12 17:32![[identity profile]](https://www.dreamwidth.org/img/silk/identity/openid.png){kind=small}
badlydrawnjeff.livejournal.com posting in ![[community profile]](https://www.dreamwidth.org/img/silk/identity/community.png){kind=small}
talkpoliticsA 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?
(no subject)
Date: 2/12/12 03:29 (UTC)The authority of the state trumps the rights granted by the state to religious organizations. The law requires that an employer pay for its employees medical insurance by exactly the same kind of statutory authority that the law requires that an employer not murder its employees. You may no more cite a religious objection to health insurance than you may cite a religious obligation to human sacrifice.
This is because religion lacks not only controlling authority, but legitimacy. There is no religious trump card. Any fool could call anything a church and try to demand anything. The democratic state has an obligation to its people, while religions can simply make up arbitrary rules and pretend they are divine morality at will.
(no subject)
Date: 5/12/12 03:08 (UTC)you have it backwards. the authority of the state is limited by the rights of individuals. these rights are not granted to us by the state, they are unalienable. this is a fundamental precept of the American system.
You may no more cite a religious objection to health insurance than you may cite a religious obligation to human sacrifice
human sacrifice deprives an individual of the unalienable right to life. there is no unalienable right to having your employer provide birth control services in their insurance plan. this is just common sense.
Any fool could call anything a church and try to demand anything.
sure they could, but we have the judicial system for a reason.