(IBD) Scotus Deciding If ObamaCare Trumps Religious Liberty And First Amendment
Rights:
The Supreme Court will hear a challenge by a Christian-owned store
chain against the HHS birth-control mandate that requires businesses to
provide contraception coverage, a violation of religious conscience.Some 16 months after the Supreme Court upheld ObamaCare as a constitutional form of taxation, some 40 for-profit companies are about to find out its constitutionality on another front — whether they must cover some or all forms of birth control if doing so would violate their religious beliefs.
The nation's highest court has agreed to hear the federal government's appeal of a June decision by the U.S. 10th Circuit Court of Appeals. The court had decided the Health and Human Services Department mandate places a substantial burden on the religious freedoms of Hobby Lobby, which is solely owned by founder David Green and his family, who also own the Mardel Christian bookstore chain.
The 10th Circuit appeals judges said corporations can be protected by the 1993 Religious Freedom Restoration Act (RFRA) in the same manner as individuals, and "that the contraceptive-coverage requirement substantially burdens Hobby Lobby and Mardel's rights under" the law.
In a similar case decided Nov. 1, the D.C. Circuit Court of Appeals ruled in Gilardi v. HHS that ObamaCare's contraception mandate violated the constitutional rights of Francis and Philip Gilardi, two Catholic brothers who own Freshway Foods and Fresh Unlimited.
The brothers sued to prevent having the mandate imposed on them, arguing that it violated their rights, as protected under the RFRA.
The D.C. appeals court agreed.
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Tags: ACA, Catholic, Catholics, Comservative, FirstAmendment, HobbyLobby, Obama, Obamacare, SandraFluke, Sobieski, More…
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