I’m glad there are lots of white males, like you, who are against the hobby lobby decision. i look forward to hearing from more of them.
This is not a white issue or male issue.
As a human, I support every woman’s right to take ownership and control over her own mind, body and spirit. It is a right that is earned by being born, not something that can be bestowed, or taken away, by any government.
Where, as here, a private corporation is so blinded by its religious beliefs that it cannot see that we are human first, our local, state and federal legislatures should enact law to ensure that female employees of corporations like Hobby Lobby can find, without penalty, affordable health care that does not impinge upon their rights to control their own minds, bodies and spirits.
Now, for what it’s worth, here are a few thoughts (by a lawyer) about the actual case.
1. The free exercise clause prohibits Congress from enacting a law that prevents people from exercising their religious beliefs.
2. Hobby Lobby is a private corporation, not Congress, and it has not enacted any laws.
3. Though it defies logic, under our law, a corporation like Hobby Lobby is actually treated like a person (it’s a legal doctrine called corporate personhood).
4. The Supreme Court, however, has never squarely ruled on the issue of whether the doctrine of corporate personhood means that the free exercise clause’s protections should be extended to corporations.
5. That was not the issue that was certified to the Supreme Court in the Hobby Lobby case, and our Supreme Court would almost never rule on an uncertified issue (called rendering an “advisory opinion”).
6. The issue that was actually certified for appeal to the Supreme Court was whether Hobby Lobby had the right, under the Religious Freedom Restoration Act, to refuse to obtain insurance to pay for its employees to obtain contraceptives due to its religious beliefs.
7. I know — it seems like the cart was put in front of the horse and I think it was — I mean, how can the Religious Freedom Restoration Act grant religious rights to a corporation when the Supreme Court hasn’t ever decided that a corporation has the right to religious freedom under the free exercise clause?
8. Without a square decision on that square issue, we’re going to be stuck in the minefield — as Justice Ginsburg appropriately pointed out — where we are carving out corporate religious exemption from complying with laws on a piecemeal basis.
9. In some ways, the conservative majority actually decided in such a way as to make it a thinly-veiled win for Obamacare. It’s one more reason to legislate a right for employees who are denied certain coverage from their employer (like when a corporation can be exempt due to religious beliefs) to be able to choose the government plan.