Freedom of Religion & Hobby Lobby

Radio Commentary, 90.7, 91.7 New Life FM, July 18, 2014 – By Sue Ella Deadwyler

Good morning, Jim.  Nineteen days ago, the U.S. Supreme Court upheld religious freedom pertaining to limited sections of Obamacare. The court ruled that Hobby Lobby and other privately owned businesses that object to paying for abortion-causing contraceptives or sterilization are not required to pay for those services. It’s important to know that Hobby Lobby’s health coverage DOES pay for 16 contraceptives mandated by Obamacare, but does NOT pay for the four “morning-after pills” that may induce abortion soon after conception.  In this case, the court upheld religious freedom in the workplace, despite constant pressure to redefine religious liberty as “freedom to worship” at home or at church, but not in public.

Hobby Lobby CEO David Green explained, “This legal challenge has always remained about one thing and one thing only: the right of our family businesses to live out our sincere and deeply held religious convictions as guaranteed by the law and the Constitution. Business owners should not have to choose between violating their faith and violating the law.” Three days before that Hobby Lobby decision, the Supreme Court upheld the right of sidewalk counselors to talk with pedestrians outside abortion clinics. The unanimous 9-0 vote was explained by Justice Samuel Alito who said it is “blatant viewpoint discrimination” to allow

pro-abortion demonstrators to express their opinions on the sidewalk, but to criminalize pro-life comments in the same area.

On that same day, the Court struck down President Obama’s “recess appointments” to the National Labor Relations Board. That’s important because the U.S. Constitution requires the Senate to advise the president ON appointments and CONSENT to individuals the president wants to hire for certain positions. Although the recess clause allows the president to make appointments when the Senate is in recess, the president CANNOT decide that the Senate is in recess when it’s NOT in recess. The court explained it this way, “We hold that, for purposes of the Recess Appointments Clause, the Senate is in session when it says it is, provided that, under its own rules, it retains the capacity to transact Senate business,” which is precisely what the Senate did.

Although senators may not be sitting at their desks, the Senate is convened whenever it is gaveled into session, as it was when the NLRB appointments were made.  For Georgia Insight I’m Sue Ella Deadwyler, your Capitol correspondent.