Is Hobby Lobby dangerous for religious liberty?

2021 ◽  
pp. 80-94
Author(s):  
Andrew Koppelman ◽  
Frederick Mark Gedicks
2016 ◽  
Author(s):  
William L. Saunders ◽  
Diarmuid F. O'Scannlain ◽  
Kim Colby ◽  
William P. Marshall ◽  
Robin Fretwell Wilson

2015 ◽  
Author(s):  
Andrew Koppelman ◽  
Frederick Mark Gedicks

Author(s):  
Andrew Koppelman

This chapter examines the First Amendment doctrine that the Supreme Court is now developing. Burwell v. Hobby Lobby, the Court’s most important recent decision on accommodation, is no victory for religious liberty. It replaces the sensible regime of balancing with a rule whereby religion will almost always be given special treatment, even if that means that nonadherents suffer enormous harm. If this is now to be the authoritative meaning of freedom of religion, then the consensus that once supported it will inevitably collapse. This chapter shows the destructive implications of the decision for the discrimination question—implications that have already been drawn by several federal courts.


2018 ◽  
Vol 33 (03) ◽  
pp. 447-480
Author(s):  
Joel Harrison

AbstractThis article examines Pope Francis's understanding of the relationship between church and state, the ends of civil authority, and the importance of religious liberty. It argues that Francis challenges claims made by legal and religious scholars that civil authority must be neutral as to religious ends. Francis, the article contends, uses the categories of idolatry and solidarity as opposing ends that are cultivated by civil authorities caring for, most notably, the economy and the environment. Both are religious. Idolatry is the solipsistic pursuit of created things as an ultimate end and solidarity entails living in communion with God and others. The article further considers how these arguments have shaped Francis's views on religious liberty. Francis points to the importance of civil authorities respecting conscientious objection, the desirability of cultivating healthy pluralism, and religious liberty as securing the end of solidarity. This presents two challenges: first, to recent legal scholarship questioning the special importance of religious liberty; and second, to the exercise of religious liberty itself. If religious liberty is protected for the end of solidarity, can it be exercised wrongly? The article concludes by considering the Supreme Court's 2014 Hobby Lobby decision.


2015 ◽  
Vol 3 (2) ◽  
pp. 395-416 ◽  
Author(s):  
Travis Gasper

The Supreme Court in its 2014 decision in Burwell v. Hobby Lobby broadly expanded so-called religious freedom protections in the Religious Freedom Restoration Act (“RFRA”) by striking down a provision of the Affordable Care Act requiring employers to provide health insurance coverage for certain methods of contraception. In doing so, the Court opened the floodgates for employers to claim an exemption based upon any “sincerely held” religious belief. Without inquiry into the sincerity of that belief, businesses and corporations are free to adopt or assert beliefs that could lead to increased discrimination against employees. This is especially troublesome for marginalized groups like the LGBT community, which is already on the receiving end of discrimination under the pretext of religious exemptions. To correct any future misuse of these exemptions, Congress should amend RFRA to permit courts to assess the belief being asserted and contrast it with the potential harm if an exemption is allowed. The purpose of RFRA is to ease the burden faced by people of faith forced to go against their religious beliefs if they obey a certain statute. Easing this burden should focus on heady moral dilemmas, not mere inconveniences. Amending RFRA can ensure it maintains its initial purpose of protecting religious freedom, while not being used as a tool to perpetuate discrimination.


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