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Posts tagged ‘religious freedom restoration act’

Hobby Lobby: The Left is Wrong

I’m become more and more discouraged about the thoughtless outrage from the Left about the Supreme Court’s Hobby Lobby decision.

Typical of the arguments is an article on Daily Kos, SCOTUS sold your soul to the company store in Hobby Lobby case, where the claim is made that

Hobby Lobby and various other so-called “Christian” corporations are attempting to [force] their ideals upon their employees…this is all about the corporate owners forcing their belief system onto their employees

Except it’s not.

If Hobby Lobby were to tell its employees that they were not permitted to use certain forms of contraception, that would be forcing their belief system onto their employees. That’s not what’s happening. The owners of Hobby Lobby don’t want to pay for contraceptives that they find morally repugnant, because they consider them to be abortion-causing (in that they end the life of a fertilized egg). That’s part of their religion. Forcing them to pay for those contraceptives pressures them to transgress their religious beliefs and violates their freedom of religion.

Just because the religious beliefs of Hobby Lobby’s owners have real consequences that have real effects on people (their employees) doesn’t mean Hobby Lobby is forcing their beliefs on their employees. A person who decides to drop a few of his friends because of his new religion wouldn’t be forcing his religion on them. What people (and corporations) do will always affect others, because none of us lives in a vaccuum. If we want to live in a pluralistic, diverse society, we have to be ok with dealing with some negative effects of other people’s free decisions.

Even worse is the argument offered by John Oliver, in a transcript you can read at (again) Daily Kos:

What these companies are arguing is that the sincerity of their beliefs should allow them a line item veto over federal law. But government is not an à la carte system where you can pick and choose based on your beliefs.

This is the worse argument I’ve ever heard, and it reflects an appalling lack of understanding of our legal system. Congress cannot pass just any law that it wishes. It’s restricted by our Constitution, which defines what kinds of laws Congress may pass. If Congress passes a law that violates the Constitution, then companies (or individuals) can, in fact, demand and receive a line item veto over that (illegal) federal law.

But there’s even more than that. What was at issue here wasn’t even the Constitution. What was at issue was a law passed by Congress, called the “Religious Freedom Restoration Act.” The “contraception mandate” that was at issue was a regulation issued by President Obama the Obama administration under the authority given to him it by Congress in the Affordable Care Act. But the president can’t just issue any regulations he wants, and in particular, he can’t issue regulations that violate laws passed by Congress. Here, the contraception mandate was found to violate the Religious Freedom Restoration Act, a law passed by Congress.

Just because you don’t like something doesn’t make it irrational. The foundation of our law, and at least one individual federal law, protects certain sincerely-held religious beliefs from being violated by the government. If you’re going to attack an idea, it’s best that you understand the full idea first. Otherwise you just sound foolish.

This article from The Atlantic is worth a read: Is Evangelical Morality Still Acceptable in America? It helped shape and clarify my ideas.

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