cellio: (avatar-face)
Monica ([personal profile] cellio) wrote2014-07-01 10:21 am

The Supremes

Dear SCOTUS,

Let me see if I have this right: A corporation that has a small number of shareholders, like a family, is a "person", and a corporate "person" can reject at least one legally-required expenditures it objects to on religious or moral grounds, and thus Hobby Lobby doesn't have to follow Obamacare's requirement to fund contraception. Got it.

A corporation, while maybe a "person", is clearly no more of a "person" than an actual, real live person, like me. There are legally-required expenditures that apply to me that I object to on religious or moral grounds too. So, dear SCOTUS, could you please clarify which of those I can opt out of? If Obamacare or contraception is somehow unique, please specify how. If you say that I can't opt out, why not? Surely you're not saying that, for example, Hobby Lobby has more rights as a person than I do?

(Quite aside from how you feel about any particular law, while it's a law it should apply equally -- or there should be a clear reason that cases aren't equivalent.)

[identity profile] eub.livejournal.com 2014-07-02 09:00 am (UTC)(link)
the courts specifically DO NOT get terribly into whether a religious belief is sincerely held

They also would rather not judge the legitimacy of religious practices themselves, but in practice that's what they do, to avoid turning the RFRA into a complete anything-goes card. De facto it matters whether your religion and its sacramental practice is sufficiently accepted (e.g. practiced by five or more members of the bench), and this is why Rastafarians don't get to smoke ganja. (Although, Santo Daime members do get to use DMT, so it's not that it's "mainstream only".) This all somewhat tangential, perhaps, but frankly I think it does have some bearing on how they'd treat Catholicism versus Christian Science, for one hypothetical people have raised.

[identity profile] goldsquare.livejournal.com 2014-07-04 12:10 pm (UTC)(link)
Is been a long time since I read about the cases involving Rastamen but I don't recall religious legitimacy being key to the decision. As I recall it was more closely related to the perception that the government was actually using the least restrictive means to control drug enforcement.

I have opinions about this case and that one but I'm trying to keep me out of it.


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