Thoughts on the SCOTUS Hobby Lobby Decision

I don’t feel like writing about this myself, so I’ve been looking for some well-considered articles to reblong. One question that occurs to me, beyond those mentioned by Justice Ginsberg and Ms. Cleaver is: how long until other personnel decisions are subject to the whims of religious thought. Can I deny employment, say, to a Mormon or Methodist applicant because I don’t want to obliquely support the LDS or Methodist Churches, which I know will receive 10% or more of the salary that employee will tithe? As an atheist, can I deny employment to all theists? We’re in for some fascinating legal situations in the coming years, that much is certain.

caitlinhcleaver

“The court, I fear, has ventured into a minefield.” – Justice Ruth Bader Ginsburg


Yesterday’s Supreme Court ruling in the case of Burwell v. Hobby Lobby Stores didn’t generate as much outrage as I thought it might. Sure, Dems jumped on the opportunity to raise a few more dollars before the FEC deadline, but the talking heads really don’t seem all that concerned. Let me tell you why they should be – why we all should be.

I needed to give myself a day to simmer down, but also to take a look at actual language of the opinions. Now, I don’t have a law degree, but I can certainly give you my interpretations and you can take them with a grain of salt.

To begin with, I’d like to draw your attention to a passage from Justice Alito’s majority opinion:

As we have noted, the Hahns and Greens have…

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