Wednesday, July 2, 2014

Live Blogging A Reaction to the SCOTUS Hobby Lobby Case.

"It held that the Greens' businesses are "persons" under RFRA, and that the corporations had established a likelihood of success on their RFRA claim because the contraceptive mandate substantially burdened their exercise of religion."

"No conceivable definition of "person" includes natural persons and non-profit corporations, but not for-profit corporations." - Did they laugh hysterically at their own wit while putting this one down?

"In fact, this Court considered and rejected a nearly identical argument in Thomas v. Review Bd. of Indiana Employment Security Div., 450 U.S. 707... at 716." - pp 5. The case the court is referring to, Thomas was about a Jehovah's Witness refusing to build tank turrets. The court is very clearly drawing a line that there is no difference between providing contraception and creating a weapon of war.


"All, told, the contraceptive mandate 'presently does not apply to tens of millions of people.... This is attributable, in large part, to grand-fathered health plans."- pp. 11 That's the point of grandfathering, over time more and more people will be covered by the new law. Too bad for hobby lobby that they didn't bet on their employees in 2009.

This part blows the door off the hinges and I'm going to make leave out the cites, its on page 12. "As explained in Conestoga's board-adopted 'Statement on the Sanctity of Human Life,' the Hahns believe that 'human life begins at conception.' It is therefore 'against [their] moral conviction to be involved in the termination of human life' after conception, which they believe is a 'sin against God to which they are held accountable.'   pp 13. I mean how involved are they in their sex lives. In Thomas the court states that because Thomas was willing to work at least peripherally in the construction of component materials such as rolled steel, his objection to the discovery of the turrets was more valid.
This really is going to allow employers/employees/anyone to stretch the meaning of burden. I mean public schools are teaching evolution, I don't want my taxes to pay for something I'm going to have to pay Ben Stein to unteach. Same with physics, and sex-ed, and most of those English books, and any history before 324 AD.

"they buy hundreds of full-page newspaper ads inviting people to "know Jesus as Lord and Savior." - pp. 14, since when has advertising been evidence of closely held moral values, and how does it make up for the thousands that maternity can cost.