Danger sign: The Supreme Court has already expanded Hobby Lobby decision
The Becket Fund, the religious law firm that represented Hobby Lobby in its legal case,
lists 49 pending federal cases in which for-profit companies have brought purportedly religious objections to the ACA. An additional 51 cases involve nonprofit organizations. The floodgates aren't about to open--they're already open.
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For example, the Korte family, which owns an Illinois construction company, refuses to pay for or support not only "contraceptives, sterilization, abortion, (or) abortion-inducing drugs," but "related education and counseling." (Emphasis added.) In other words, if a woman asks her doctor for advice on reproductive options, the consultation may not be covered.
In a case involving the Gilardi family, owners of an Ohio produce firm, Judge Janice Rogers Brown of the Washington, D.C., circuit appeals court wrote in a 2-1 decision overturning the mandate that "this case is not about the sincerity of the Gilardis’ religious beliefs, nor does it concern the theology behind Catholic precepts on contraception. The former is unchallenged, while the latter is unchallengeable."
But why should that be? If the only requisite for an exemption from this important mandate is a religious claim, why should it not be subject to challenge? Otherwise, how do we limit the exemption only to those with genuinely religious scruples?
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Allowing exemptions to a federal law based on "unchallenged" and "unchallengeable" claims of subjective belief is the antithesis of secular law. That may be why religious exemptions have been handed out very carefully, until now.
The minimal rule should be, if you want one, prove you deserve it. In the past, courts have been loath to conduct such inquiries, because they can lead down a bottomless, subjective rabbit hole. But the Supreme Court has now turned claims of subjective belief into an enormous loophole. Somewhere, a court may try to narrow that loophole so not just anyone can fit through it. That's bad for the law, and it may be bad for religion, too.