Yesterday’s decision in the Hobby Lobby case represents a huge win for religious liberty in America, and the 5-4 decision will now stand as a landmark case that will reshape the religious liberty debate for generations to come. At the same time, the deeply divided court also revealed in startling clarity its own internal debates over religious liberty — and that division of understanding at the nation’s highest court is very disturbing indeed.
Writing for the majority, Justice Samuel Alito declared that the Obama Administration had profoundly failed to meet the demands of the Religious Freedom Restoration Act [RFRA] and, more importantly, the demands of the U. S. Constitution. By mandating that corporations provide all forms of contraception or birth control for all female employees at no cost, the government had burdened the consciences of the Christian owners of Hobby Lobby, Mardel, and Conestoga Wood, the three corporations involved in the decision.
The Court restricted its decision to “closely held” private corporations. Hobby Lobby and Mardel are owned and operated by the family of David Green, who with his wife Barbara, began the company in their own home. Though much smaller than Hobby Lobby, Conestoga Wood is also a privately held corporation. The Green family is a bulwark of evangelical Christian conviction and generosity. The company pays its employees about twice the minimum wage, closes on Sundays, and references the Christian gospel in advertising. All along the way, the Green family makes clear that they are driven by Christian convictions in their corporate policies.
Similarly, Conestoga Wood Specialties operates on the same convictions. The Pennsylvania company is known for its quality wood products. It was founded by a deeply committed Mennonite couple, Norman and Elizabeth Hahn, who continue to operate the business with their three sons.
Both companies sued the Obama Administration over the contraception mandate authorized under the Affordable Care Act — a mandate that required them to provide and pay for birth control coverage that would have included four specific forms of birth control that may cause early abortions. Neither company sought a complete escape from the contraception mandate.
As the majority opinion in the case made clear today, one of the largest questions hanging over the decision is this: Why is the Obama Administration so deliberate in attempting to violate the religious convictions of Americans on the contraception and birth control issue?
Today’s decision is yet another repudiation of the heavy-handed and blatantly unconstitutional overreach of President Barack Obama and his administration. The President could have covered contraception and birth control under any number of other means which would not have specifically targeted religious liberty. Instead, the Obama Administration appeared to take the route most likely to trample upon religious liberty and offend Christian conscience. Today’s decision is another rebuke of the President and his approach, coming just days after a set of cases in which his arguments were repudiated by the same court in 9-0 decisions.
Furthermore, the President faces the looming threat of even greater rebukes to come. His administration continues to violate the convictions of Christian non-profit organizations and ministries on the same grounds. He faces lawsuits coming from a massive collection of religious non-profit ministries, ranging from evangelical colleges and universities to the Little Sisters of the Poor, a Roman Catholic charity. Today’s decision makes the victory of those groups very likely.
The majority opinion handed down today makes several im