Corporate ‘Religious Conscience’ Comes to Court

Last week, the U.S. Supreme Court agreed to take up two cases involving challenges to the Health and Human Services (HHS) mandate (a.k.a., Obamacare) requiring employers to fund abortion-inducing drugs, sterilization, and contraception.

 

The two cases include a claim brought by Hobby Lobby, where the federal court of appeals blocked the HHS mandate, and a claim brought by Conestoga Wood, in which a different federal court of appeals upheld the mandate.  (You can gain more background by reading my blog postings of September 25, August 5, and August 2.)

 

“Americans are awakening to the fact that the Affordable Care Act is far from a done deal,” said Mat Staver, Founder and Chairman of Liberty Counsel.  “The courts are just now beginning to respond to the many constitutional challenges, including the constitutionality of the employer mandate and also the free exercise of religion that applies to individuals. Obama's healthcare reform, the biggest funding of abortion in history, is on a collision course with the sincerely held religious beliefs of many individuals and businesses.  The HHS mandate presents a classic conflict with the free exercise of religion.  I think it is apparent that the … abortion mandate will be struck down because it violates the free exercise of religion.”

 

The key question before the Court is whether corporations should be treated the same as individuals when making free exercise of religion claims rooted in the 1st Amendment of the U.S. Constitution.  A 1993 federal law called the Religious Freedom Restoration Act made it easier for people to sue when a government action restricts their religious rights. One of the questions before the Court is whether corporations can also sue.  This issue comes before the Court 3-years after a major ruling in which the Court was seen to side with the notion of ‘corporate personhood.’  On a 5-4 vote, the Court endorsed broad 1st Amendment free speech rights for corporations in the campaign finance context in a case called Citizens United v. The Federal Election Commission.

 

Striking down this portion of the HHS mandate will not stop Obamacare, but it will prevent the federal government from forcing abortion and contraceptive funding upon religious employers or companies operated by people of religious conviction.

 

Whether you are pro-life or not, everyone needs to earnestly watch and pray for this U.S. Supreme Court decision that affects everyone’s constitutional right of religious conscience.

 

Rev. Dr. Kenneth L. Beale, Jr.

Chaplain (Colonel-Ret), U.S. Army

Pastor, Ft. Snelling Memorial Chapel