[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?
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(no subject)

Date: 28/11/12 22:42 (UTC)
From: [identity profile] devil-ad-vocate.livejournal.com
Upon incorporation, does a corporate entity become endowed with a soul? If so, then it certainly deserves the protection of the Lord and the Constitution. But I find it doubtful.

(no subject)

Date: 28/11/12 22:45 (UTC)
From: [identity profile] the-rukh.livejournal.com
Because a corporation is a legal construct.

(no subject)

Date: 28/11/12 22:47 (UTC)
From: [identity profile] the-rukh.livejournal.com
And those do not get religious rights.

(no subject)

Date: 28/11/12 22:59 (UTC)
From: [identity profile] hardblue.livejournal.com
I would think that any religious freedom rights just shouldn't trump the health and reproductive rights of women. These corporations are acting in the public market and should be held to the standards of said market.

(no subject)

Date: 28/11/12 23:20 (UTC)
From: [identity profile] malakh-abaddon.livejournal.com
I'm sorry, but a corporation is not a living breathing person. As far as I am concerned they are like ghosts, aliens, bigfoot, yetis, the Fae, sprites, dragon kin, Merlin, gremlins, Thor, and whatever else may or may not exist, they are non-human, therefore the rights granted in the US Bill of Rights, and Constitution do not apply to them, as an entity.

(no subject)

Date: 28/11/12 23:25 (UTC)
From: [identity profile] soliloquy76.livejournal.com
So let these businesses opt-out of contraception coverage, then raise their taxes by however much it would cost to provide their female workers with the contraception coverage and provide it via the federal government. Of course, then they could say their tax dollars are still going toward contraception, but the same would be true if their employees (whom they pay) spend their own money on contraception. There are plenty of other things the government spends its money on that are forbidden by the Bible.

(no subject)

Date: 28/11/12 23:27 (UTC)
From: [identity profile] soliloquy76.livejournal.com
Trick question. The soul is a myth.

(no subject)

Date: 28/11/12 23:28 (UTC)
From: [identity profile] fizzyland.livejournal.com
Corporate "persons" should have religious freedoms? Your arguments grow more ridiculous with each passing day it seems.

Also, Liberty University shouldn't be state-accredited, that's a basic problem.

(no subject)

Date: 28/11/12 23:29 (UTC)
From: [identity profile] op-tech-glitch.livejournal.com
I wanna quarter a few platoons of soldiers inside Monsanto's corporate HQ, would that be okay at least?

(no subject)

Date: 28/11/12 23:48 (UTC)
From: [identity profile] ytterbius.livejournal.com
Why aren't individuals using their Religion to become tax-exempt?

(no subject)

Date: 28/11/12 23:52 (UTC)
From: [identity profile] rick-day.livejournal.com
Herein is problem with this issue. Religious Freedom is nothing but a concept that addresses that government should have no rational interest in suppressing freedom. One does not have unlimited religious freedom; say, to slaughter humans or kittens, no matter how close it gets one to their god.

But that shield does not apply to, nor does it give superior right over the oxygen breathing employee's rights of not having religious views of the FOUNDER, and board of arbitrary individual oxygen breathers.

Hence, the corporations claim of any 'religious freedom' is hollow; a reflection of the people who are in control of it. The corporation is free to participate of not in BC programs, BY POLICY. The policy, of course, must pass constitutional muster.

Your (people's) problem is that you view the corporation as a 'person' when it is a 'structure' endowed with certain restrictive freedoms.

If a corporation is a 'citizen by right' in your mind, what percentage of a citizen are they? three fifths? 100%? Many of us say 'zero', legal rulings aside. Pass the cost down: they don't hesitate to do it to all the other costs involved in doing business under our system of justice.

(no subject)

Date: 28/11/12 23:54 (UTC)
From: [identity profile] rick-day.livejournal.com
But how can you not disprove that?

(no subject)

Date: 29/11/12 00:03 (UTC)
From: [identity profile] devil-ad-vocate.livejournal.com
If we're going to consider giving corporations religious rights, I want my dog to move to the front of the line first; he believes bacon and pig ears are gods.

(no subject)

Date: 29/11/12 00:07 (UTC)
From: [identity profile] hikarugenji.livejournal.com
If the company was being forced to hand out contraception, that would be a religious issue. They're providing comprehensive health insurance, which some employees might choose to use for contraception. Guess what, some employees might choose to use their wages for contraception as well, but paying employees wages isn't a religious issue.

(no subject)

Date: 29/11/12 00:11 (UTC)
From: [identity profile] hikarugenji.livejournal.com
More or less. I don't like the concept of employer-provided/subsidized health care at all, but in its current form it's basically an addition to your wages.

(no subject)

Date: 29/11/12 00:15 (UTC)
From: [identity profile] hikarugenji.livejournal.com
No, because the health care issue is not that direct. Tyndale is being required to subsidize health insurance that some employees might choose to use for contraception. They're not being required to directly give contraceptives to their employees. There's a difference.
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