Last week the Supreme Court heard oral arguments in the case involving Hobby Lobby and Conestoga Wood Specialties. Although we won’t know the verdict until June, it is likely that the justices have already voted on this case and are writing their opinions now. We can hope and pray they make the right decision.
It is important to remind everyone that these two businesses have no problem with providing health insurance to their employees. Many consider the health care policy offered by Hobby Lobby to be quite good in coverage. Their concern is with the mandate issued through the Affordable Care Act that also requires that they provide abortifacient contraceptives (such as Plan B or Ella).
The plaintiffs are challenging the mandate issued by the Department of Health and Human Services under the Religious Freedom Restoration Act. This bill passed the House unanimously, passed 97-3 in the Senate, and was signed by President Bill Clinton. One would think that it wouldn’t be that controversial to apply the law to this particular case.
But this has been a very controversial case because the plaintiffs are for-profit companies. The Obama administration did exempt churches and even allow religious non-profits to apply for what some have called a “quasi-exemption.” But if you make a profit, you aren’t guaranteed any religious freedom. That seems to be the argument that both the Solicitor General and some members of the Supreme Court were making.
As you might imagine, proponents of the HHS mandate were warning about a parade of horrors. Oh no, we can’t let this happen! Employers would then prevent their employees from getting certain drugs, vaccinations, or blood transfusions. Does anyone really think this would happen? Let’s try to bring this discussion back to earth.
What is at stake here is whether the government can compel an employer to pay for something that he or she has religious objections about. If the case goes against Hobby Lobby, they would have to pay $1.3 million a day in fines. But all of us will lose some of our religious liberty if the court rules that government can force us to do things that violate our deeply held religious beliefs.