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The Hobby Lobby Decision
Well, this is kind of old news now. However, my daughter has been reading a lot of liberal stuff on the Hobby Lobby decision and around the dinner table it has come up a number of times. My husband and I agree with the decision made and she and my son apparently do not. I feel we have explained it all already but on her birthday list she said she wants: A coherent and logically consistent legal argument explaining the Hobby Lobby decision (from the conservative viewpoint). I told her before I am not a lawyer and don't know all the legal ins and outs but apparently that's not good enough. So, I'm a little overwhelmed at the request. Anything here to help me out would be appreciated! Thanks!
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Paging Pressing On!!!
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Ya, we'll wait on Pressing-On to interpret the mumble-jumble, lol!
From what I can understand, Hobby Lobby will still be providing 19 forms of birth control for women, but they will not provide the birth control that includes the morning-after pill. Correct me if I'm wrong, but that has been my understanding so far... |
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If we knew of the reason that she does not agree with the decision, it might help.
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In a nutshell, we are a nation founded on the history of fleeing religious oppression. It is our legacy. Our Founding Fathers placed "Freedom of Religion", under the Bill of Rights, as our FIRST protection BEFORE Freedom of Speech and BEFORE Freedom of the Press. We must be able to worship God within the dictates of our conscience. We cannot allow that to be taken away. If that is taken away, anything can be taken away. There is nothing else to add to the argument. It is cut and dried. |
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HL does in fact provide coverage for birth control. They sought relief from the court to not be forced against their conscience to provide medical care that could/would cause the end of a life.
Here is the basis of the court finding. 1993 Religious Freedom Restoration Act. (RFRA) The law was passed unanimous in the House of Reps. It passed the senate 97-3 and was signed by Bill Clinton into law.(2 dems 1 rep voted no) The law seeks to clarify situations where Congress passes a law that while not intended to be a burden to the free exercise of religion, in fact becomes such. The law establishes 2 basic principles that must be applied to see a law stand when there is a challenge. First there must be a compelling interest for the government to proceed with the law. Second the law must seek the “least restrictive” way to apply the rule. The court found that the mandate was “not the least restrictive" method of implementing the government's interest.” That really is the legal argument. At the end of the day, the owners of HL have a deeply held and historically consistent belief system. Then that belief system was challenged, not by a federal law, but by a mandate handed down by the Department of Human Services. In American politics and Juris prudence, no person has been compelled to provide an abortion when they have a religious aversion to it. Even our taxes have been held back from supporting abortions. The case was not about contraception. HL provides 16 of the 20 FDA approved methods. It was about forcing these people to do something we historically do not do. And the court actually came down on the side of precedent. The court stated quite clearly that the government did not provide a clear and compelling reason for the government to proceed with the mandate in the face of the RFRA. The fact is, in the beginning the administration attempted to force this mandate even on religious institutions. But because of backlash, and a clear indication that they would lose a First Amendment challenge, they backed off and carved out an exception for religious institutions. Then they proceeded with force to compel private businesses to comply with a mandate (not a federal law but a regulation determined by the HUD secretary) they knew they would lose if it was done to an individual/ religious group. What those on the left fail to recognize is this is not an attempt by the government to protect people or to continue to provide the kind of protections that have been in place, rather this is an attempt to change the course of American political precedent. THEY are the ones that must provide the compelling reason for the act. This is brand new territory and they have not provided a cogent legal argument that stands against established law. |
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RELIGIOUS FREEDOM RESTORATION ACTS Federal legislation Background: During the 1960's and 1970's, a series of decisions by the US Supreme Court supported individuals' religious freedom by limiting the authority of governments to pass restrictive legislation. Two important examples were Sherbert v. Verner in 1963 and Wisconsin v. Yoder in 1972. During the late 1980's, the US Supreme Court's philosophy shifted in the direction of allowing governments to restrict religious freedom, as long as the limitations applied equally to all faiths. The US Supreme Court decision of Employment Division v. Smith in 1990 was a key decision in this area. The court ruled that native religious use of peyote (a hallucinogenic drug) is not a constitutionally protected religious right. Some native religious traditions had been using peyote in their religious rituals for millennia. http://www.religioustolerance.org/rfra1.htm |
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ILG,
I think it is interesting that the Catholic Bishops were the earliest to proclaim that early contraception pills were combined with the issue of abortion and because "contraception" was a lifestyle choice, insurance companies shouldn't be required to pay for it. However, 10 years later, Viagra was rapidly approved and covered by insurance, opening the door to have contraception also covered by insurance. To our 1st Amendment rights, the article I posted earlier quotes: Quote:
Kristina Arriaga, the firm’s executive director, has this to say, although referencing the current ACA results: “We find there has been an aggressive push from the government to become the sole arbiter of morality, which is not good for the country. Regrettably, religious liberty work has augmented exponentially.” So, there we are with these two lawsuits - our 1st Amendment rights are being abridged, producing a fight in the courts. Again, in the article I posted, I agree with this point - "The war could be averted if the left were to do as Stern suggested the right should have done when it held the high ground: adopt a live and let live attitude, consonant with pluralist democracy. The left can’t and won’t do that, because Error Has No Rights." |
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Okay so does anyone want to post some good counterpoints to these?
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It gets into a Marxist theology. Marxist feminism claims that a woman's oppression by men and sexism is more a fundamental problem rooted in capitalism. They feel we must move away from capitalism into socialism. Basically, it is what you said, personal responsibility that liberals don't want. They want a classless society. |
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In my area, people love Hobby Lobby, because they pay above minimum wage, and are closed on Sundays. They also like the nature of what the company is built upon - religious values. If you don't like the healthcare benefits, find another place to seek employment. That's all there is to it, Ginsburg. All of her other "scare tactics" are simply to keep pressure on religious freedom. |
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We are such flawed people, I can't blame that on God. Mainly, because I've been in enough prayer meetings, had many of my own, to know that when your heart lines up (humbled) toward God, we are very good people toward each other. Too bad we don't live in a perpetual state of prayer. The worst experience in the world is to bump heads with a Christian full of hateful pride. It's actually like meeting a murder, IMO. Just my observation. :heeheehee I remember Nona Freeman saying that she walked into a church and was astonished by what she felt. She said, "God! What is this?!" He responded, "Perfect unity". How interesting, at her age, and everywhere she has gone to teach and preach, she didn't feel that very often. I try to read my Bible through every year. Some years I only read the NT. Last year I read both OT and NT. For the first time on reading the OT, I kept thinking, "Good grief people! Get your act together!". It was never God's fault these people were selfish and stupid. |
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I've enjoyed reading through your discussion ILG and PO... good luck with your birthday discussion with your daughter about the birth control hobby horse ILG :) I hope it goes well, and that your daughter can understand it more clearly.
I have a friend who raised her children very conservatively. They both went off to university, a Christian university at that, and came home staunch liberals/democrats. Apparently this is because professors demand you see things their way, and if you don't conform, you don't grade well, and they eventually persist until it is very hard to know what you believe. My friend was heartbroken when she realized both her children, raised in a loving, God-fearing, conservative home who went off to a "christian" university, both came out with liberal views. |
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