Second, and related to the first, is the signal the Supreme Court’s decision will send to lower courts about its view of religious freedom. A ruling in favor of Hobby Lobby and religious freedom could stem the recent tide of state-level decisions against religious freedom, in which small business owners face fines or even jail time for declining to participate in same-sex marriage ceremonies based on the First Amendment rights to the free exercise of religious freedom and freedom of speech.
Opponents of Hobby Lobby’s position argue that, as a corporation, Hobby Lobby is not entitled to the same protections that individuals receive. However, the Supreme Court ruled in the Citizens United case that corporations have substantially the same rights as individuals in the eyes of the law. This makes sense. Simply because a business owner takes the necessary legal steps to form a corporation shouldn’t suddenly strip the business owner of the ability to run the business as they see fit.
Yes, all freedoms have limits, and in the early ’90s Congress passed the Religious Freedom Restoration Act (RFRA) with lots of bipartisan support to define those limits and freedoms. RFRA strengthened religious freedom by prohibiting government from unduly burdening the practice of religion without demonstrating a compelling state interest, and even then, it must do so using the least restrictive means possible.
Some would find fining Hobby Lobby an estimated $475 million per year for failing to comply with the Obamacare mandate a bit excessive.
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