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Health Insurance and Free Exercise of Religion

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Jihadista On July 04, 2014

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Orange,
#1New Post! Nov 26, 2013 @ 14:05:58
Three federal appeals courts around the country have struck down the Afordable Care Act's contraception coverage rule, while two other appeals courts have upheld it. That disagreement makes a Supreme Court review more likely.

One plaintiff - Hobby Lobby, Inc. a nationwide chain of about 500 for-profit arts and crafts stores.

David Green and his family are the owners, and say their Christian beliefs clash with parts of the law's mandates for comprehensive coverage. They say some of the drugs that would be provided prevent human embryos from being implanted in a woman's womb, which the Greens equate to abortion.

The company does not object to funding other forms of contraception -- such as condoms and diaphragms -- for their roughly 13,000 employees, which Hobby Lobby says represent a variety of faiths.

Here in California, Hobby Lobby closes on Sundays to observe the sabbath.

Companies that refuse to provide the coverage could be fined up to $1.3 million daily.

key issue - Does the 1993 federal law known as the Religious Freedom Restoration Act include companies, churches, and universities as "persons?"

pending cases
Liberty University v. Lew (13-306)
Sebelius v. Hobby Lobby Stores, Inc. (13-354)
Conestoga Wood Specialties Corp. v. Sebelius (13-356)
Autocam Corp. v. Sebelius (13-482)

WMUR9
GreenAppleKing On April 23, 2015

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, United States (general)
#2New Post! Nov 29, 2013 @ 14:59:40
And now it's for the Supreme Court to decide. A very big question indeed.
Jihadista On July 04, 2014

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Orange,
#3New Post! Nov 29, 2013 @ 16:38:55
@GreenAppleKing Said

And now it's for the Supreme Court to decide. A very big question indeed.


Erwin Chemerinsky, a professor at UCI (go ardvarks), says that the ACA requires that employers´ insurance plans provide contraception, but religious organizations are exempt. He argues that Hobby Lobby is a corporation, not a religious organization, so it cannot be exempt because corporations cannot have religious belief.

Orange County Register

I'm not sure of the Catholic Church's legal status, but I would be very much surprised to learn the it is not a corporation. Actually, it must be a group of many corporations. So, it seems a bit bizarre to argue that coporations cannot have religious belief.
GreenAppleKing On April 23, 2015

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, United States (general)
#4New Post! Nov 29, 2013 @ 17:01:18
@Jihadista Said

Erwin Chemerinsky, a professor at UCI (go ardvarks), says that the ACA requires that employers´ insurance plans provide contraception, but religious organizations are exempt. He argues that Hobby Lobby is a corporation, not a religious organization, so it cannot be exempt because corporations cannot have religious belief.

Orange County Register

I'm not sure of the Catholic Church's legal status, but I would be very much surprised to learn the it is not a corporation. Actually, it must be a group of many corporations. So, it seems a bit bizarre to argue that corporations cannot have religious belief.


Corporations are meant to protect the owners of a company and prevent personal liability. Now we ask questions about corporations ability to act like people when we all know they aren't people. Corporations are put in place to protect business owners---not to hamstring them and compelling them to do things which violate their conscience.
jonnythan On August 02, 2014
Bringer of rad mirth


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Here and there,
#5New Post! Nov 29, 2013 @ 17:45:39
If they're such sticklers for religious freedom and don't want to enable their employees to get contraception on their dime, they can simply not hire women who use contraception.

How is it that they're perfectly fine paying a woman, knowing she will use some of that money on the pill, but draw the line at paying her insurance company, knowing they will use some of that money on the pill?
Jihadista On July 04, 2014

Deleted



Orange,
#6New Post! Nov 29, 2013 @ 20:06:35
@GreenAppleKing Said

Corporations are meant to protect the owners of a company and prevent personal liability. Now we ask questions about corporations ability to act like people when we all know they aren't people. Corporations are put in place to protect business owners---not to hamstring them and compelling them to do things which violate their conscience.


Chemerinsky makes the same arguement, but with a differnce conclusion.. Corporations protect owners from liablity, but not from religious interference.

In other situations, the law forces people to "violate their concience." The most famous example must be Mormons and poligamy. Some people refuse medical treatment because of religious belief. Courts can force them to provide doctors for their children.

I wonder about another possibily. The argument for government payment of healthcare often invokes the extreme cost as a reason for government being involved. On a cost scale, contraception must be at the low end.
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