U.S. Supreme Court
Hobby Lobby store in Ohio. Photo via RNS/courtesy DangApricot via Wikimedia Commons
Federal officials have asked the U.S. Supreme Court to review the government mandate that private companies offer employees birth control coverage despite the business owner’s moral objections, with the company at the center of the suit owned by billionaire evangelical Christians.
Hobby Lobby’s lawsuit has been one of the most high profile of 60-some cases involving the Obama administration’s contraceptive mandate. The arts and crafts chain was founded by David Green, whom Forbes called “the biblical billionaire backing the evangelical movement.”
In June, the Obama administration issued final rules for the mandate that requires most employers to provide contraception at no cost. While there are exemptions for religious groups and affiliated institutions, there are no carve-outs for private businesses with religious owners.
LGBT supporter at the Supreme Court on June 26. Photo courtesy RNS.
The legal battle over same-sex marriage has shifted from the Supreme Court to state capitals and lower courts as supporters seek to build on their recent victories and opponents hope to thwart that progress.
Armed with Justice Anthony Kennedy’s decision striking down the Defense of Marriage Act, lawyers representing same-sex couples filed a lawsuit in Pennsylvania on Tuesday, and vowed to follow with others in North Carolina and Virginia.
Those cases will be added to at least 11 pending from New Jersey to Hawaii.
Warren Hill. Image via the Georgia Department of Corrections.
Despite protests not only from jurors who conivicted him but also from his victim’s family, Warren Hill, a 52-year-old mentally disabled man convicted of murder, is scheduled to be executed by lethal injection on July 23 in Jackson, Ga.
In 1991, a jury found Hill guilty in the bludgeoning to death a fellow inmate, Joseph Handspike, and sentenced him to death. Hill had been serving a life sentence for the 1986 killing of his girlfriend at the time of Handspike's death.
Hill has an I.Q. of about 70, leading a state judge to find him "mentally retarded" by a “preponderance of the evidence.”
While Georgia — as the rest of the United States — has banned the execution of mentally retarded inmates, the state has a stricter standard that requires proving mental retardation “beyond a reasonable doubt.” By that standard, the Georgia Supreme Court overruled the judge's finding of mental retardation, reversed the decision, and reinstated Hill’s death sentence, which originally had been set for today.
"Stop the Intersection of Church and State." Image via Wylio, http://bit.ly/yAHnfE
With its unanimous ruling in Hosanna-Tabor Church & School v. EEOC last month, the United States Supreme Court handed down one of its most important church-state decisions in decades. The First Amendment bars ministers from suing the religious communities they serve regarding the terms and conditions of their employment, it said.
The Court affirmed what lower courts had held for decades: Religious bodies, not the government, must have the power to decide which individuals will minister to the faithful. This doctrine is known as the “ministerial exception.” The Court also held that the former teacher in this case, Cheryl Perich, was a minister and thus her lawsuit under the Americans with Disabilities Act (ADA) could not proceed.
An important aspect of the Hosanna-Tabor ruling is the Court’s recognition that there is simply is no good way for the state to police these matters – it inevitably ends up intruding on core religious decisions like who should speak to and for the church. When a minister is fired, the religious employer cites a religious reason for doing so, such as sermons that are inconsistent with Biblical teachings and a failure to challenge congregants to follow Jesus Christ. If the minister then sues the church for discrimination, he or she claims the religious reason wasn’t the “real” reason for the church’s actions; it was just a pretext for discrimination.