(GayWebSource.com – Gay News & Press Network) – Posted by Michael Lamb – Echelon Magazine
Today the U.S. Supreme Court issued a ruling in two cases, collectively known as the Hobby Lobby case, in which the Justices were asked to decide whether requiring a corporation to provide insurance coverage that includes contraception under the Affordable Care Act (ACA) is a “substantial burden” on the corporation, and violates Christian business owners’ religious freedom rights. The Court ruled that closely held for-profit corporations are exempt from complying with the ACA contraception mandate based on religious belief.
The Court expressly attempted to limit the implications of this ruling by explaining, “The principled dissent raises the possibility that discrimination in hiring, for example on the basis of race, might be cloaked as religious practice to escape legal sanction. Our decision today provides no such shield.”
“Religious groups have a long-established first amendment ability to operate according to their own beliefs,” said Human Rights Campaign (HRC) Legal Director Sarah Warbelow. “Instead of protecting religious liberty, this ruling gives license for businesses to use their personal beliefs as a reason to deny people access to basic, yet crucial medical services.”
Statement from the National Gay & Lesbian Chamber of Commerce
“This is truly a disappointing day because a majority of the Supreme Court justices has made a decision that will hurt our country, hurt businesses and hurt equality. The ruling for Hobby Lobby sets a dangerous precedent for future laws, such as the Employment Non-Discrimination Act, because it could give legal argument to for-profit companies to claim religious exemption on non-discrimination policies,” said Justin Nelson, co-founder and president NGLCC.
Statement from the Transgender Law Center
Transgender Law Center is disappointed with today’s Supreme Court’s ruling in favor of two companies that had challenged the Affordable Care Act’s requirement that for-profit companies must provide their employees with contraceptive health care coverage. The Court held that the application of that requirement to “closely held corporations” violated another federal law, the 1993 Religious Freedom Restoration Act (“RFRA”) because the majority concluded that the requirement substantially burdened the corporations’ religious beliefs, and that the contraceptive mandate was not the least restrictive means of furthering the government’s compelling interest in guaranteeing access to contraception.
Statement by NCLR Legal Director Shannon Minter, Esq.:
“The majority’s holding that closely held corporations can claim religious liberty protections designed for individuals—and can rely on those protections to avoid complying with generally applicable laws—is a dangerous and radical departure from existing law that creates far more questions than it answers and shows a callous disregard for the health care needs of women workers. Thankfully, however, the majority recognized that even under its sweeping new rule, corporations cannot rely on claims of religious liberty to evade non-discrimination laws. That limitation is extremely important and means that employers cannot exploit today’s decision to justify non-compliance with laws that prohibit discrimination against LGBT people and other vulnerable groups, but we will need to be vigilant to make sure that principle is respected and enforced.”
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