Five Takeaways From the Hobby Lobby Case

The nine Supreme Court justices, public domain

The nine Supreme Court justices, public domain

Five things to know about one of the most anticipated Supreme Court decisions of the year:

1. Corporations can’t pray, but they do have religious rights.

Hobby Lobby isn’t a person. It’s a chain of crafts stores owned by a religious family. And though the evangelical Green family objects to parts of the Affordable Care Act’s emergency contraception mandate, it’s not the Greens but the company that writes the check for employees’ health insurance. The first question the justices had to answer was this: Does Hobby Lobby have religious rights? To many Americans, this sounds a little nutty. Does a craft store believe in God?

A majority of the justices held that a closely held company such as Hobby Lobby does have religious rights. The court didn’t apply those rights, however, to publicly held corporations, where owners’ religious beliefs would be hard to discern.

But well before the justices had delivered their verdict on this question, many legal scholars said they wouldn’t be surprised were they to affirm the company’s religious rights. American corporations do have some of the rights and responsibilities we usually associate with people. And in the 2010Citizens United campaign finance case, the justices overturned bans on corporate political spending as a violation of freedom of speech — corporations’ free speech.

What Does the Hobby Lobby Decision Mean?

Supreme Court Building, Orhan Cam /

Supreme Court Building, Orhan Cam /

The Supreme Court on Monday sided with the evangelical owners of Hobby Lobby Stores Inc., ruling 5-4 that the arts-and-crafts chain does not have to offer insurance for types of birth control that conflict with company owners’ religious beliefs.

Beyond the specifics of the Hobby Lobby case before them, the justices broke new legal ground by affirming that corporations, not just individual Americans or religious non-profits, may claim religious rights.

Does Monday’s decision mean, however, that the religious beliefs of business owners stand paramount? That they are more important than a female employee’s right to choose from the full array of birth control methods she is promised under the Affordable Care Act? Or that a business owner may invoke his religious rights to deny service to a gay couple?

Not necessarily, legal experts say.


Awaiting Supreme Court's Hobby Lobby Ruling, Public Favors Contraception Mandate

Supporters and opponents of ACA’s contraception mandate rallied outside the Supreme Court, March 25. RNS photos by Adelle Banks.

The U.S. Supreme Court is expected to finally issue its ruling this week in the highly anticipated case of the craft companies vs. Obamacare.

Technically, it’s Sebelius v. Hobby Lobby and Conestoga Wood Specialties, a showdown over the Affordable Care Act’s contraception coverage mandate. The core legal question is whether a private company can have religious rights.

But to the general public, this is seen as a showdown between employers — the evangelical Green family behind Hobby Lobby and the Mennonite Hahn familythat owns the Conestoga cabinet company — and the employees’ personal reproductive choices under their insurance.

While conservatives have cast the battle as one for religious freedom, the general public may see it as a showdown over personal health choices.

Both Sides of Contraception Mandate Sound Off

Photo by Joey Longley

Photo by Joey Longley

Today, the Supreme Court heard two cases that have major implications for the intersection of religious liberty and health care in America. While Sebelius v. Hobby Lobby Stores and Conestoga Wood Specialties Corp. v. Sebelius were argued before the Court, hundreds of activists voiced their opinions outside the Court’s chambers.

The Court will decide whom the so-called “contraception mandate” law in the Affordable Care Act applies to. Both of the challengers to this section of the 2010 health law say that providing certain forms of birth control violates their sincerely held religious views. Though there are already exemptions in law for churches and some nonprofits, this case will decide whether for-profit corporations are offered protection under the religious liberty clause of the First Amendment to deny contraception coverage to their employees.

The Women of Faith Factor in 'Hobby Lobby v. Sebelius'

By DangApricot (Own work)  via Wikimedia Commons

By DangApricot (Own work) via Wikimedia Commons

As we near the March 25 arguments in Hobby Lobby v. Sebelius, it can feel as though men have the monopoly on religious activism in America. After all, 38 protestant theologians signed on to an amicus brief suggesting that a business owner’s religious beliefs should dictate the consciences and actions of female employees – none of those theologians were women.

A glance at the past, present, and future of women’s leadership in American religious life, however, shows this simply is not true. Today, as throughout American history, women have fought for their voice in religion, the opportunity to express their faith, and to obtain the same access to religious leadership as their brothers. Just as in other areas of work and life, creating opportunities for women to increase their hand in religious leadership is vital to greater equality and new perspectives in theology, moral activism, and spirituality.

Despite the increase in women in clergy careers over the last 40 years, it has been an uphill battle for women who have changed hearts, minds, and traditions for career opportunities as clergy and religious leaders in churches, synagogues, and mosques. Issues around the “ stained glass ceiling” in clergy careers can range from discouraging congregants who are biased against women clergy to institutional inequalities: men still outnumber women in clergy positions in America, and, according to the Bureau of Labor Statistics, only 20.5 percent of self-described clergy were women in 2012. In certain religious traditions — the Roman Catholic Church, the Church of Jesus Christ of Latter Day Saints, the Orthodox Church, and Orthodox Judaism, for example — women cannot be ordained as clergy or prayer leaders. It is also very rare to find Muslim women leading mixed-gender services.

Hobby Lobby's Steve Green Stands on Faith Against Obamacare Mandate

Steve Green and his wife, Jackie, at a surprise 40th birthday party for Steve. Photo courtesy of Green family/RNS

Once Steve Green sets his path, there’s no turning back.

Not when he and his high school girlfriend, Jackie, totaled their cars playing chicken. “No one turned off,” he said, recalling how he aimed right at her and she just kept coming. A year later, she married him.

Not when he saw no point in college, going directly into his family’s Hobby Lobby craft store business. Green, now 50, rose up from assembling picture frames for “bubble gum money” at age 7 through every job, including cleaning toilets, to president of the $3.3 billion national chain, one of the nation’s largest private companies.

And certainly not now when, he says, the U.S. government is challenging his unshakeable Christian faith and his religious liberty.

Religious Liberty vs. Civil Rights: A Balancing Act

A man exits the Supreme Court building with an American flag after its rulings on same-sex marriage. RNS photo: Adelle M. Banks

Arizona Gov. Jan Brewer may have ended the latest controversy in her state by vetoing a “religious freedom” bill that threatened gay men and lesbians, but the nation’s legislatures and courts are just getting started.

While religious liberty remains a “core value” in Arizona, Brewer said Wednesday, “so is non-discrimination.” And therein lies the balancing act that’s at the root of several other disputes.

The answer isn’t simple. Congress and the states often carve out exceptions for religious beliefs. The Supreme Court has consistently made room for religious exercise. And unlike race and gender, sexual orientation is not a protected class — yet.

Cardinals Gather in Rome as Debates on Church Reform Heat Up

Pope Francis passes a crucifix. Photo by Paul Haring, courtesy Catholic New Service/RNS

High-level debates over Catholic teachings on marriage and divorce and other hot-button issues heated up on Wednesday as a highly anticipated effort to overhaul the Vatican bureaucracy slogged through the devilish details of financial reform.

The multitrack talks launched months ago by Pope Francis ramped up this week as some 185 cardinals converged on Rome to watch the pontiff add 19 new members to their select ranks this weekend, part of what some called “the most critical week” of Francis’ year-old papacy.

Anticipation is mounting for a series of closed-door discussions on Thursday and Friday, when the cardinals will hold what are expected to be frank talks about issues such as contraception, cohabitation, gay marriage, and whether divorced and remarried Catholics can receive Communion.

What’s Abortifacient? Disputes Over Birth Control Fuel Obamacare Fight

Steve Green, President of Hobby Lobby, speaks at the Religion Newswriters Association Conference. RNS photo by Sally Morrow.

Conception. Pregnancy. Abortion. Abortifacient.

Those words today are in a rhetorical swamp where contesting religious, medical, and political views muddy understanding. And soon the U.S. Supreme Court will wade in.

On March 25, it will hear challenges to the Affordable Care Act’s provision that employers must provide insurance coverage with no co-pays for contraception.

Catholic Bishops Challenged to Adapt to Pope Francis’ Priorities

U.S. Conference of Catholic Bishops gathers for Mass. Photo via RNS/by Nancy Phelan Wiechec, courtesy of Catholic News Service

As the U.S. Catholic bishops began their annual fall meeting on Monday, they were directly challenged by Pope Francis’ personal representative to be pastors and not ideologues — the first step of what could be a laborious process of reshaping the hierarchy to meet the pope’s dramatic shift in priorities.

“The Holy Father wants bishops in tune with their people,” Archbishop Carlo Maria Vigano, the Vatican ambassador to the U.S., told the more than 250 American churchmen as he recounted a personal meeting in June with Francis.

The pontiff, he added, “made a special point of saying that he wants ‘pastoral’ bishops, not bishops who profess or follow a particular ideology,” Vigano said. That message was seen as an implicit rebuke to the conservative-tinged activism of the bishops’ conference in recent years.

Almost since his election in March, Francis has signaled that he wants the church to strike a “new balance” by focusing on the poor and on social justice concerns and not overemphasizing opposition to hot-button topics like abortion and contraception and gay marriage — the signature issues of the U.S. bishops lately.