Edmonton Journal

ObamaCare challenge at Supreme Court

- WILLIAM MARSDEN

WA SH I NG T ON — Hobby Lobby Inc. is a giant arts and crafts chain store started in Oklahoma City in 1972 by a devout Southern Baptist named David Green. Hardly your basic for-profit business, Green claims his overarchin­g company commitment is “honouring the Lord in all we do by operating the company in a manner consistent with biblical principles.”

Steadfast in the defence of its religious principles, Hobby Lobby will argue Tuesday before the U.S. Supreme Court that the government cannot force it to give its employees health insurance that contradict­s its religious beliefs.

Because Hobby Lobby essentiall­y argues that a forprofit corporatio­n has religious rights, the case is probably the most important since Citizens United in 2010, in which the Supreme Court voted 5-4 to give corporatio­ns, associatio­ns and unions the right to unlimited political financing. At its core, the ruling declared that a corporatio­n is a person.

Now the question is whether a business has religious rights. If so, does it have the right to impose its religious beliefs on the health rights of its employees? In this case, Hobby Lobby refuses to implement certain aspects of the Affordable Care Act — ObamaCare — that requires a company to include all types of contracept­ion in its employee health insurance coverage at no cost.

The Green family, whose company employs about 28,000 people in 602 stores, argues it doesn’t oppose providing 16 of the 20 contracept­ives covered by ObamaCare. It won’t, however, supply intrauteri­ne devices (IUDs) and Plan B and Ella, the socalled morning-after pill and the week-after pill. The company claims these devices “end life after conception,” although doctors say they simply prevent conception.

Hobby Lobby is joined in the case by Conestoga Wood Specialtie­s, a kitchen-cabinet manufactur­er owned by a family of religious Mennonites based in Pennsylvan­ia.

The lower courts have been split on the contracept­ives issue, with three striking down the coverage rule and two upholding it, which is why it has ended up at the Supreme Court.

Central to the case is the Religious Freedom Restoratio­n Act of 1993, which reads: “Government shall not substantia­lly burden a person’s exercise of religion even if the burden results from a rule of general applicabil­ity.”

Daniel Mack, an assistant director at the American Civil Liberties Union, said in an interview that if Hobby Lobby wins, companies could claim religious rights to exempt themselves from a variety of government programs, including minimum wages, civil rights laws and union organizing. A business could claim a religious exemption to supplying any kind of health insurance because its owners are Jehovah’s Witnesses and don’t believe in medical interventi­ons, he said. “Religious freedom is an essential right, but it doesn’t give bosses a free pass to impose their faith on their employees,” he said.

The ACLU has filed a brief supporting the government in this case.

A Washington, D.C. law firm called the Becket Fund for Religious Liberty originally proposed the lawsuit to the owners of Hobby Lobby. Asma Uddin, a Becket Fund lawyer who has helped prepare the Supreme Court case for Hobby Lobby, claimed there are enough safeguards in law to assure that business cannot make bogus religious claims for exemptions.

But she conceded a Supreme Court ruling would certainly strengthen any claim of religious freedoms.

 ?? E D A N D R I E S K I / T H E ASS O C I AT E D P R E SS ?? A challenge to the U.S. health care law launched by retailer Hobby Lobby will be heard by the Supreme Court on Tuesday.
E D A N D R I E S K I / T H E ASS O C I AT E D P R E SS A challenge to the U.S. health care law launched by retailer Hobby Lobby will be heard by the Supreme Court on Tuesday.

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