The Supreme Court strikes a few blows for liberty, although LGBT progressives won’t see it that way.
In the long-awaited Hobby Lobby ruling, the court found closely held for-profit companies are not required to pay for employees’ contraceptives (specifically abortifacients) if their owners have religious objections:
In a 5-4 opinion written by Justice Samuel Alito the court held that as applied to closely held corporations the Health and Human Services regulations imposing the contraceptive mandate violate the Religious Freedom Restoration Act. … Justice Anthony Kennedy filed a concurring opinion.
The decision is a victory for the Green family that owns the Hobby Lobby arts and crafts chain and the Hahns who own Conestoga, a cabinet making company, who had challenged the so called contraceptive mandate saying it forced them to either violate their faith or pay ruinous fines. The government defended the provision as an essential part of health care coverage for women.
The ruling bodes well for the eventual likelihood that the rights of nonpublic employers (that is, private, closely held firms and small proprietors) not to be compelled by the state to provide artistic or creative services that celebrate same-sex marriages.
Also worth noting: the court’s ruling that government-employee unions can’t make nonmembers pay fees.
It’s a bad day for progressives who believe all rights come from the state, and only that which the state specifically allows should be permissible.
More. Get Equal issues a predictable response. And the Human Rights Campaign helpfully informs us that “countless lesbian and bisexual women as well as some transgender men rely on contraception.”
Returning to the world of reason, some insights from Ilya Shapiro, blogging from the libertarian Cato Institute. And an observation from Cato’s Walter Olson.
And Cato’s Julian Sanchez weighs in:
The outrage does make sense, of course, if what one fundamentally cares about—or at least, additionally cares about—is the symbolic speech act embedded in the compulsion itself. In other words, if the purpose of the mandate is not merely to achieve a certain practical result, but to declare the qualms of believers with religious objections so utterly underserving of respect that they may be forced to act against their convictions regardless of whether this makes any real difference to the outcome. And something like that does indeed seem to be lurking just beneath—if not at—the surface of many reactions. The ruling seems to provoke anger, not because it will result in women having to pay more for birth control (as it won’t), but at least in part because it fails to send the appropriate cultural signal. Or, at any rate, because it allows religious employers to continue sending the wrong cultural signal….
And that, too, is what the demand by progressive activists for conservative Christian bakers and photographers to labor in celebration of same-sex weddings is all about.
Furthermore Additional comments from Ilya Shapiro, via The Federalist website:
The essence of freedom is that government can’t willy-nilly force people to do things that violate their consciences. Americans understand this point intuitively. Some may argue that there’s a conflict here between religious freedom and women’s rights, but that’s a “false choice” (as the president likes to say). Without the HHS rule, women are still free to obtain contraceptives, abortions, and whatever else isn’t illegal. They just can’t force their employer to pay for them.
Still more. Here’s Steve Chapman’s perspective:
The conservative alarms about the alleged threats to religious freedom are way overblown. But there is something to be said for government policies that let people of strongly held opposing views go their separate ways.
On the other hand, this take, via the Washington Blade‘s political cartoonist, is just bonkers, pandering to the low-information, hyper-partisan reader—and the accompanying op-ed isn’t much better.
Here’s a graphic retort.
Even more. Megan McArdle: Who’s The Real Hobby Lobby Bully?:
Cards on the table: I think that institutions Hobby Lobby and Little Sisters of the Poor are obviously correct—they are being forced by the government to buy something that they don’t want to buy. We can argue about whether this is a good or a bad idea, but the fact that it is coercive seems indisputable.
…the secular left views [religion] as something more like a hobby, so for them it’s as if a major administrative rule was struck down because it unduly burdened model-train enthusiasts. That emotional disconnect makes it hard for the two sides to even debate; the emotional tenor quickly spirals into hysteria as one side says “Sacred!” and the other side says, essentially, “Seriously? Model trains?” That shows in Justice Ruth Bader Ginsburg’s dissent, where it seems to me that she takes a very narrow view of what role religious groups play in the lives of believers and society as a whole.
I think that’s right.