In a tight 5-4 vote which went along philosophical lines, the United States Supreme Court struck down the Obama Administration’s attempt to force non-profit religious organizations for providing birth control methods under Obamacare that went against their religious principles. It was a tremendous affirmation of religious freedom and a proper action that violated separation of church and state.http://www.cbn.com/cbnnews/us/2014/June/CEO-Hobby-Lobby-Case-Strikes-at-Heart-of-US-Life/
All along there were attempts to force compliance under the smokescreen of contraceptive rights, however the Supreme Court did not fall for repackaging under Obamacare that clearly overstepped provisions that protected religious freedoms in the US Constitution.
Religious exemptions were purposely left out in a clear attempt to water down the government’s reach into the First Amendment and water down the religious provision. There are several reasons why the US Supreme Court correctly did what they ruled in spite of the sour grapes being attempted to be painted by bias reporting:
1. The government has no business telling other people what is or what is not objectionable to their religion.
Both the Hahn family (owners of Consestoga Wood Specialties) and the Green family (owners of Hobby Lobby) were judged by the US government with a pomposity statement that both “should have no religious objections to the birth control mandate”. The Supreme Court found this argument of the government unpersuasive because it is up to the individual, not the government, to decide what actions are a violation of their religious beliefs.
2. The Religious Freedom Restoration Act of 1993 covers all non-profit corporations. All parties in the suit agree that profit motive does not eliminate religious freedom protections.
Individuals that form a corporation still enjoy the religious protections of RFRA. There nothing in the profit motive of a corporation that makes religious freedoms no longer protected. In a precedent establishing case of Braunfeld vs. Brown (1961), the Court already declared the right to free exercise of religion is for retail merchants. The law recognizes that corporations are recognized as “persons”. Legal senior counsel Mark Rienzi representing Hobby Lobby successfully argued this point to the high court.
3. The government failed to use the least restrictive means as required under RFRA
A stipulation that the government failed to do according to the high court under RFRA is when the government infringes upon religious freedom, it must show that a “compelling government interest” for doing so and it must use the “least restrictive means” for doing so. The government must not only have a really good reason for doing so, but it must demonstrate there is no other way to accomplish the goal without infringing on religious freedom.
While government spokespeople were pushing the “contraceptive care” and “women’s rights” to the public, the government knew full well it was restricting religious freedom and had the RFRA Act of 1993 to steamroll over. The objective media failed to even mention this issue in any of the debate being articulated about Hobby Lobby and other religious organizations.
Some news agencies are more interested in playing up the five conservatives voting in favor of the litigants and the four liberals voting against it. It matters not too much it were points of constitutional law with the First Amendment and the RFRA passed by Congress in 1993.
Religious freedoms have been under assault on several fronts and the attempt by framers of Obamacare to challenge both the religious provision of the First Amendment and the RFRA demonstrated a very reckless attempt to undermine this nation’s constitution.
Unfortunately it has become a political football concerning religious values and whether to protect them or not. The fiasco concerning the Internal Revenue Service and the targeting of religious and conservative groups is proof that the left wing nut jobs are running amok in Washington. Spinning the truth to accomplish your political aim has become more important than the laws of our land.
The Supreme Court needed to take the Obama Administration to the woodshed this week as it did last week on another embarrassing 9-0 verdict against running over the US Constitution.
These verdicts have been coming fast and furious.