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For-Profit Businesses Have Right to Religious Liberty Too, Lawmakers Tell Court in Hobby Lobby Case

Keim said that HHS claims the for-profit nature of a corporation does not make the religious belief of its owner relevant.

"In the Hobby Lobby case, HHS's lawyers have argued that business owners don't have religious liberty at all when it comes to how they run their businesses," Keim said. "According to HHS, that's because the corporate form, which was designed centuries ago to limit liability, insulates them from the moral consequences of their actions."


WASHINGTON, DC (CNS NEWS) - Republican members of Congress have weighed in on the legal battle being waged over the Obamacare mandate requiring employers to provide contraceptives and abortion-inducing drugs to employees.

Eleven senators and congressmen filed an amicus brief, also known as a friend-of-the-court brief, with the U.S. Court of Appeals for the 10th Circuit on Tuesday in support of Hobby Lobby Stores, Inc., a Christian-owned and operated corporation that opposes the mandate based on its owners' religious beliefs. Hobby Lobby filed suit against Health and Human Services and Secretary Kathleen Sebelius.

Rep. Orrin Hatch (R-Utah) was one of the lead sponsors of the Religious Freedom Reformation Act of 1993, which he said was designed to protect the religious liberty of all Americans, even those who own corporations or other for-profit businesses.

"As one of the lead sponsors of RFRA, it's deeply troubling to see this White House trample on the religious freedom the law seeks to protect," Hatch said in a written statement.

The brief states: "Amici are federal legislators who were part of the broad, bipartisan coalition that enacted the Religious Freedom Restoration Act of 1993 ("RFRA"). Amici designed and passed RFRA to establish a blanket default rule that would insulate religious liberty from the shifting fortunes of interest-group politics.

"Defendants have ordered that certain employers' insurance plans must cover all FDA-approved contraceptives without cost-sharing (the "HHS mandate"), but have refused to exempt many employers with sincere religious objections. Amici have an interest in vindicating RFRA's blanket protections against the selective and stingy approach adopted by Defendants."

In addition to Hatch, the brief was signed by Sens. Dan Coats (R-Ind.), Thad Cochran (R-Miss.), Mike Crapo (R-Idaho), Chuck Grassley (R-Iowa), Jim Inhofe (R-Okla.), Mitch McConnell (R-Ky.), Pat Roberts (R-Kan.) and Richard Shelby (R-Ala.), and Reps. Lamar Smith (R-Texas), and Frank Wolf (R-Va.).

At an event at the Family Research Council on Wednesday to discuss the threat Obamacare poses to Americans' religious freedoms, Adele Keim, legal counsel with the Becket Fund for Religious Liberty, which represents Hobby Lobby, said that HHS is trying to make the distinction between non-profit and for-profit, with the latter being said to be secular and exempt from religious consideration.

"In the Hobby Lobby case, HHS's lawyers have argued that business owners don't have religious liberty at all when it comes to how they run their businesses," Keim said. "According to HHS, that's because the corporate form, which was designed centuries ago to limit liability, insulates them from the moral consequences of their actions."

Keim said that HHS claims the for-profit nature of a corporation does not make the religious belief of its owner relevant.

"But of course, there's nothing in the First Amendment that says you lose your religious liberty when you make a living," Keim said.

Kyle Duncan, general counsel with Becket, said the lawmakers' brief shows that the Obamacare mandate goes against federal civil rights law.

"While any brief by sitting members of Congress is significant, this one comes from members who originally supported the federal civil rights law-the Religious Freedom Restoration Act of 1993-which is at the heart of the mandate challenges," Duncan said.

"The brief leaves no doubt that Congress intended to protect the religious freedom of those like Hobby Lobby and its founder, David Green, against federal attempts to force them to insure abortion-inducing drugs," Duncan added.

According to Becket, there are 47 legal court cases opposing the HHS mandate, with more than 130 plaintiffs being represented.


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Keywords: religious liberty, Penny Starr, HHS mandate, religious freedom, Obamacare, First Amendment

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1 - 3 of 3 Comments

  1. Robert
    3 months ago

    Dear bglm,

    Your freedoms are not being protected. Tell your pastor, write to your Bishop. Tell anyone who supported Obamacare including many of the USCCB.

    The liberal Bishops think healthcare for all is great.

  2. Emma
    3 months ago

    What I don't fully understand about all of this is how Sebellius can be in a position to dictate conditions of this mandate? This is a person who accepted campaign contributions from George Tiller and Associates in her run for governor. Does she owe the abortion industry for past favors? It certainly seems as if she is biased and is not able to impartially carry out the duties assigned her. Always, always follow the money!! Her credibility is questionable once her past contributors are revealed. She most definitely should be put under the microscope. Why isn't this public knowledge? This woman is in bed with the death industry and it has nothing to do with women's rights and everything to do wth her bank account!! She owes these death doctors 'a favor. Period. So why no mention of that? Believe me, women can play just as dirty as men if the price is right.

  3. bglm
    3 months ago

    One point I've barely seen mentioned since Obamacare and the HHS mandate came about is this: what about the EMPLOYEE who works for a secular, for-profit employer? I work for such a business and my insurance premiums have sky-rocketed, my coverage is so diluted it often seems I don't have health insurance, at all, and my deductible doubled to $1,000 per individual in my family when it was $500 per person just last year. The financial burdens are oppressive and average families simply cannot bear this. I am a devout Catholic Christian and yet, on my dime, my female co-workers and their female dependents are now being provided abortifacients, birth control and sterilization surgeries at NO COST TO THEM: NO co-pays, NO cost-sharing whatsoever. If I should need an appendectomy tomorrow, or even a urinalysis, I ALONE cover those costs, certainly NOT my co-workers. (And, let me add, should I need ANY surgery, I will pay handsomely as my out-of-pocket burden will be crippling and I'll likely spend the next 2 yrs paying the bill off in increments.) But, a woman who works with me can go have a tubal ligation and will not have to pay ANYTHING. Her dependent daughter can get birth control pills or emergency abortifacients and her mother, my female co-worker, will pay NOTHING. I fully support Hobby Lobby's efforts to protect their religious rights, and those of other secular, for-profit employers, but who is remembering people like me and my family in this ridiculous mess? There are millions and millions of individuals who object to paying for their female co-workers' and dependents' abortifacients, birth control and sterilizations, NONE of which are "healthcare," by the way. How are OUR freedoms being protected?!

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