Today, in a heated 5-4 decision, the Supreme Court held that for-profit corporations can exercise their so-called religious conscience in order to restrict employees' access to contraceptives. The ruling in Sebelius v. Hobby Lobby Stores, Inc., absurdly holds that the contraceptive coverage granted by the Affordable Care Act creates a "significant burden" on a corporation's free exercise of religion.
How could this be? This Alice in Wonderland ruling is based not on the Constitution, but on the Religious Freedom Restoration Act (RFRA), a statute. This statute was adopted by Congress and must be repealed by Congress.
The main justification for this decision is the Supreme Court's holding that RFRA protects Hobby Lobby from the generally applicable rules of the Affordable Care Act.
The Freedom From Religion Foundation's amicus brief by noted state-church attorney Marci A. Hamilton (joined by groups advocating for the rights of victims of religious abuse), was the only brief before the Supreme Court that argued that RFRA is unconstitutional. Our important brief points out that RFRA "accords religious believers extreme religious liberty rights that yield a political and fiscal windfall in violation of the clearest commands of the Establishment Clause."
A public outcry is in order. FFRF needs your help to tell Congress that RFRA is a bad law that must be repealed.
Today's decision is both dangerous and unprecedented. During oral arguments, counsel for the government, Solicitor General Donald Verrilli, noted that a decision in favor of Hobby Lobby would be "the first time under the Free Exercise Clause or under RFRA in which [the Supreme Court] or any court has held that an employer . . . may be granted an exemption that extinguishes statutorily guaranteed benefits of fundamental importance."
Today's ruling ignored the rights and needs of thousands of female Hobby Lobby employees, and millions of women nationwide who work at for-profit corporations. Women workers must not be at the mercy of employers who happen to be religious fanatics who want to intrude into private reproductive decisions that are none of their business. Rather than protecting women workers' right to health care and women's freedom of conscience, the Court has turned its back on them in the name of "religious liberty." This is untenable.
This damaging decision opens the floodgates for corporations, interested only in increasing their bottom line, to claim religious objections to a variety of generally applicable laws. The Court arbitrarily claims its decision would not necessarily allow a corporation to claim a similar religious objection to blood transfusions, vaccines, or mental health services, or create a religious right to discriminate on the basis of sex, sexual orientation or race. But very obviously, the ruling creates mischievous precedent that will haunt the next generation of litigation.
Please immediately call, email and write:
Demand that your representatives in Congress uphold women's rights over religious wrongs, and restore some semblance of fairness to our corporate system, by repealing RFRA now.
Use your own words if possible, or cut and paste any of the wording below. Always identify yourself as a constituent. (Also see FFRF's statement on the Hobby Lobby ruling for more arguments.)
I am writing as your constituent to urge you to take action in the wake of the Supreme Court's unprecedented decision in Sebelius v. Hobby Lobby Stores, Inc. Please take action to repeal the misguided Religious Freedom Restoration Act, which has been used to decide that a corporation trumps the civil and reproductive rights of women workers to choose their own form of contraception.
I'm dismayed and frightened by the implications of this decision, which puts the personal religious views of corporate executives above the rights of tens of thousands of employees. Corporations are not people and a corporation cannot practice religion. Yet the Supreme Court has ruled that the access to contraceptive coverage granted by the Affordable Care Act creates a significant burden on a corporation's free exercise of religion. The decision is completely divorced from reality!
The main justification for this outlandish decision is the Supreme Court's holding that the Religious Freedom Restoration Act (RFRA) protects Hobby Lobby from the generally applicable rules of the Affordable Care Act. Regardless of Congress's original intent, RFRA has become an untenable law. It carves out vast exceptions to neutral laws that only certain religious sects can claim. In the corporate context, this provides an unfair competitive advantage to any corporation willing to claim that it has a religious objection to a regulation.
Employers should not have a right to deny fundamental rights to employees in the name of "religious liberty." Please introduce or sign onto a bill to repeal RFRA immediately.