Thursday, July 3, 2014

Government mandates v. religious conviction

GetReligion — an always interesting site concerned with how religion stories are reported ("The press...just doesn't get religion") — reminds us that the Supreme Court decision in Burwell v. Hobby Lobby Stores, Inc. didn't address a very important category of groups affected by ACA mandates:
While the post-Hobby Lobby meltdown continues on the cultural and journalistic left — this New Yorker piece is beyond parody — it’s important to remember that, from a church-state separation point of view, the most serious issues linked to the Health & Human Services mandate have not been settled. ....

(1) First, there are churches, synagogues, mosques and other religious institutions that are directly linked to “freedom of worship” and, thus, in the eyes of the White House, should be granted a full exemption by the state. The problem is that the U.S. Supreme Court has never been anxious to define what is and what is not “worship,” since that is a doctrinal matter.

(2) Religious ministries, non-profits and schools that — functioning as voluntary associations — believe that their work in the public square should continue to be defined by specific doctrines and traditions. The leaders of these groups, for religious reasons, also believe that these doctrines and traditions should either be affirmed by their employees or that, at the very least, that their employees should not expect the organization’s aid in opposing them. In other words, these ministries do not want to fund acts that they consider sinful or cooperate in their employees (or others in the voluntary community, such as students) being part of such activities. More on this shortly.

(3) For-profit, closely held corporations such as Hobby Lobby which are owned by believers who do not want to be required to violate their own beliefs.

There are no conflicts, at this point, about group one. A major case linked to group three has just been addressed by the high court. But did the so-called Hobby Lobby decision also settle the cases in that second category? .... [more]