Preview

Hobby Lobby Case

Good Essays
Open Document
Open Document
739 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Hobby Lobby Case
As an avid observer of both law and philosophy, it is with utmost honesty that I try to look at the application of policy through both lenses of social consciousness and thorough use of logic. In my findings, it is almost certain that liberalism adheres to no such system that allows for nuance or exemption. In applying liberalities as it pertains to the law, it is assured that one finds oneself stuck in a paradox of one kind or another, whether or not such contradictions are scrutinized closely or from afar. To state the case that my claims are correct, I will use Hobby Lobby as an example to dissect the application of liberal ideology as it relates to the law. “The claims of Hobby Lobby and Mardel are similar to those raised in Thomas, Lee, and Abdulhaseeb, and the framework provided in those cases guides our analysis.” With that, we can now …show more content…
16 out of the total 20 contraceptives were available on the plan in which Hobby Lobby offered and they maintained a religious enterprise throughout; the court finding that Hobby Lobby did indeed have a history of sincere religious beliefs that conflicted with the statutes of the mandate in question. Moreover, Hobby Lobby was found to be burdened financially in either course of action. The government argued that it was in the compelling interest of the governed to discount the burdens placed on the religious to accommodate a very miniscule minority which would be effected. To sum up the case briefly, the court decided that the burden created of violating religious freedom outweighed any economic burden that would arise out of Hobby Lobby being exempt from providing 4 contraceptives out of 20 total that the ACA mandated. Furthermore, the court decided that accommodations for the religious frequently operate by lifting burdens and placing them

You May Also Find These Documents Helpful

  • Good Essays

    Hobby Lobby. This case centered around a portion of the Affordable Care Act that required employers to cover certain FDA-approved contraceptives. The owners of Hobby Lobby, the Greene family, are devout Christians and felt that they could not do this due to religious freedom. The court ruled that forcing them to cover contraceptives violated their beliefs, and they could not be forced to comply. Justice Alito claimed that the Religious Freedom Restoration Act applied to corporations, and forcing Hobby Lobby to comply was burdening them. Ginsburg replied to this with a 35-page dissent paper and forced it to be delivered to the press. The opening line to her set the tone for the entire paper “[i]n a decision of startling breadth, the Court holds that commercial enterprises, including corporations, along with partnerships and sole proprietorships, can opt out of any law (saving only tax laws) they judge incompatible with their sincerely held religious beliefs.” (Ginsburg…

    • 1163 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The appellants argued the decision to approve the resort construction violated their freedom of religion right protected by s. 2(a). Building the resort would drive out the Grizzly Bear Spirit, a spirit central to their beliefs and practices. They argued the Big M Drug Mart definition of the 2(a) right included the belief that freedom of religion had a communal aspect that the state could not…

    • 1270 Words
    • 6 Pages
    Good Essays
  • Good Essays

    The Supreme Court sided with the district court and Hobby Lobby with a 5 to 4 vote. The main argument was if a “closely held” business (a private business…

    • 526 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Facts: Hobby Lobby is a family owned arts and crafts store that runs on Christian principles. The companies statement of purpose is “honoring the Lord in all [they] do by operating the company in a manner consistent with Biblical principles.” The family does not believe in the use of contraception but under the Patient Protection and Affordable Care Act (ACA), the company is required to offer a minimum coverage health care plan that includes forms of contraception. The plaintiffs filed suit to challenge the requirement to provide contraceptive method to their employees under the Religious Freedom Restoration Act (RFRA), the First Amendment (Free Exercise…

    • 1266 Words
    • 6 Pages
    Good Essays
  • Good Essays

    I completely agree with the opinion that the Hobby Lobby case is justified. The new interpretation that religion can also pertain to private corporations due to the Free Exercise Clause of the First Amendment. This allows for Hobby Lobby to deny birth control to employees. However, as many have stated before, the employees’ individual rights to birth control have to be respected as well. Just because the corporation itself does not believe in the birth control, this does not mean the corporation can ignore the workers’ rights to have birth control. Thus, I believe that Hobby Lobby is able to defer birth control payments to the federal government because employees that seek birth control are still able to receive it. However, in recitations,…

    • 276 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The Supreme Court case, Zubik v. Burwll is aimed to answer multiple questions. The first question this case aims to answer is does the availability of a regulatory exemption for religious employers regarding the Affordable Care Act’s contraceptive mandate eliminate the substantial burden on those organizations’ exercise of their religious freedom? The second question this case will answer is do the Department of Health and Human Services’ guidelines satisfy the Religious Freedom Restoration Act’s demanding test for overriding religious objections? Last, the third question this court will answer is do the Department of Health and Human Services’ guidelines violate the Religious Freedom Restoration Act when the government has not proven that the guidelines…

    • 518 Words
    • 3 Pages
    Good Essays
  • Better Essays

    In 2012, a family called the Greens ran Hobby Lobby, which is a craft store. This family are Christians and have strong faith in what they believe in. Being a very religious family, that they believe that giving or promoting contraceptives, will make them seem as if they are going against their own belief (Oyez, 2013). Contraceptives are artificial methods or various techniques to prevent pregnancy due to sexual intercourse, so the Greens family refuse to provide those things to their workers. This is where the Greens family is furious to give these types of protection to their workers, so they sued.…

    • 1166 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    References: 1.Dyzenhaus, David. Law and Morality: Readings in Legal Philosophy. On Liberty (1859). pg. 309. University of Toronto Press. 20072. Dyzenhaus, David. Law and Morality: Readings in Legal Philosophy. On Liberty (1859). pg. 314. University of Toronto Press. 20073.Judgements of the Supreme Court of Canada. http://scc.lexum.umontreal.ca/en/. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571, 2003 SCC 74. Retrieved June 16th, 20084.Judgements of the Supreme Court of Canada. http://scc.lexum.umontreal.ca/en/. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571, 2003 SCC 74. pg 34. Retrieved June 16th, 20085.United Nations: Office on Drugs and Crime. http://www.unodc.org/enl/showDocument.do?lng=fr&language=FRE&cmd=add&country=THA&node=docs&documentUid=699&pageNum=2 . Narcotics Control Act. Retrived June 16th, 20086.Judgements of the Supreme Court of Canada. http://scc.lexum.umontreal.ca/en/. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571, 2003 SCC 74. pg 28. Retrieved June 16th, 20087.Dyzenhaus, David. Law and Morality: Readings in Legal Philosophy. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571. pg. 327. University of Toronto Press. 20078.Dyzenhaus, David. Law and Morality: Readings in Legal Philosophy. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571. pg. 327. University of Toronto Press. 20079.Dyzenhaus, David. Law and Morality: Readings in Legal Philosophy. Constitution Act. pg. 1057. University of Toronto Press. 200710.Dyzenhaus, David. Law and Morality: Readings in Legal Philosophy. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571. pg. 332. University of Toronto Press. 200711.Dyzenhaus, David. Law and Morality: Readings in Legal Philosophy. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571. pg. 333-334. University of Toronto Press. 200712.Dyzenhaus, David. Law and Morality: Readings in Legal Philosophy. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571. pg. 333. University of Toronto Press. 200713.Judgements of the Supreme Court of Canada. http://scc.lexum.umontreal.ca/en/. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571, 2003 SCC 74. pg 77. Retrieved June 16th, 200814.Dyzenhaus, David. Law and Morality: Readings in Legal Philosophy. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571. pg. 334. University of Toronto Press. 200715.Dyzenhaus, David. Law and Morality: Readings in Legal Philosophy. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571. pg. 334. University of Toronto Press. 200716.Judgements of the Supreme Court of Canada. http://scc.lexum.umontreal.ca/en/. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571, 2003 SCC 74. pg 79. Retrieved June 16th, 200817.Judgements of the Supreme Court of Canada. http://scc.lexum.umontreal.ca/en/. R. v. Malmo-Levine; R. v. Caine, [2003] 3 S.C.R. 571, 2003 SCC 74. pg 11. Retrieved June 16th, 2008…

    • 2441 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Stutzman Case Summary

    • 433 Words
    • 2 Pages

    “This case is about crushing dissent. In a free America, people with differing beliefs must have room to coexist,” ADF’s senior counsel Kristen Waggoner said in a statement. “It’s wrong for the state to force any citizen to support a particular view about marriage or anything else against their will. Freedom of speech and religion aren’t subject to the whim of a majority; they are constitutional guarantees.”…

    • 433 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Hooby Lobby

    • 971 Words
    • 3 Pages

    Petitioners: The corporations in question here are not “person’s exercising religion.” Under the Religious freedom Restoration Act, Hobby Lobby and Mardel are not exempt from complying with a generally applicable law. These laws, in general, regulate the corporations, not the individual owners. The Green’s as “individuals” are allowed to make decisions for themselves based on RFRA, but any decision made for the entire corporation based on these rights cannot validate an injunction. While the corporations are run through religious practices, at root, denying these federal statutes would deny thousands of employees the access to benefits that could prove to be of great importance to health and wellness. As individual “person’s” you are allowed religious freedom, which is protected, but a person cannot make decisions for a mass community or in this case employees.…

    • 971 Words
    • 3 Pages
    Good Essays
  • Good Essays

    With the introduction of Birth Control to the public it had its fair share of legal consequences. The case of Griswold v. Connecticut is considered the foundational decision in recognizing the constitutional right of sexual privacy (Stein, 2010, p. 29). In the case of Griswold v. Connecticut it was stated that Estelle Griswold and C. Lee Buxton were arrested for giving “information, instruction, and medical advice to married persons as to the means of preventing conception” (Stein, 2010, p. 29). Griswold was the executive director of the States Planned Parenthood League and C. Lee Buxton was a licensed physician as well as a professor at Yale (Stein, 2010, p. 29). The Connecticut law was that anyone that encouraged or used birth…

    • 536 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In this essay I will argue that liberal neutrality is necessary to maintain optimal utility in a multicultural society. Benjamin L. Berger argues that liberal neutrality and legal tolerance cater to the dominant culture, I agree with this, however I will argue that the dominant culture should be prioritized in order to achieve the maximal amount of happiness for the aggregate of society.…

    • 1270 Words
    • 6 Pages
    Good Essays
  • Good Essays

    In the article titled " Hobby Lobby Ruling Much More than Abortion" discusses the supreme court ruling regarding abortion and birth control. The author expressed that family owned businesses have been ruled in court to opt out of the federal requirement to pay for birth control in health coverage for their workers. The family owned business did not feel it was fair to follow the recent mandate by President Obama regarding contraceptives. Hobby Lobby was targeted by social media for being unfair and not giving freedom a chance based on their religious beliefs. Several people backing Hobby Lobby's philosophies stated they do not force people to work there. If a person chooses to not abide by Hobby Lobby's belief's, they do not have to choose…

    • 661 Words
    • 3 Pages
    Good Essays
  • Good Essays

    I agree with my finding that it doesn’t cause abortion, but what it does do is become a protective barrier between eggs and any sperm that inserts the vagina. If Hobby Lobby wants to makes these allegations that certain methods are causing abortion, then they should take their own money and do the research instead of basing it on religion and assumptions. By using the Rights-Based theory, it states in the second condition that an action is acceptable if in certain cases where everyone’s rights cannot be upheld, an action must protect the important ones. Under this, in the decision of Hobby Lobby, I would believe that the right to life, liberty, and pursuit of happiness and safety is more important than expressing one’s religion. In addition,…

    • 214 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    Law And Politics

    • 274 Words
    • 3 Pages

    LAW POLITICS sakdiyahhalimatus88@gmail.com What the mind of :  What is the Law?  What is Politics?…

    • 274 Words
    • 3 Pages
    Satisfactory Essays