njlauren -> RE: SCOTUS on HOBBY LOBBY and religious freedom (7/1/2014 7:23:09 PM)
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ORIGINAL: DaddySatyr I read the ruling, earlier today and if I'm not mistaken (I'm not a lawyer), there's a part of the ruling that gets over-looked: This ruling will only allow companies with very few owners (my interpretation was smaller businesses and large corporations that are almost wholly owned by one family) to "set the tone" of their public face. Like it or not, you can't have it both ways; if there's such a thing as "corporate citizens" (I don't think there are/should be), the important word there is "citizen" and that's where the constitution comes into play. That wonderful document protects a citizen's right to freedom of religion. In fact, the wording is very specific: quote:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; ... So, if corporations are citizens, they are entitled to not have the exercise of their religion curtailed in any way. I want to re-state: I don't think corporations are or should be viewed as citizens but, as long as they are ... Now, I think the ruling should absolutely apply to small, one-owner businesses. I don't think that just because a citizen owns a business (which contributes to the country's economic good) that they should be forced - by law - to go against their faith/conscience/morals/ethics (choose your word). Screen captures still RULE! Ya feel me? The right to freedom of religion is not absolute, any more than any right is. Even assuming a corporation is a person (which is one of the most chilling pieces of twisted legal logic I have ever read; Corporations are not people or persons, they are an entity composed of diverse people that are not monolithic), their right to practice their faith has its limits.What the law says is that the right to religious freedom is supposed to be respected as long as it doesn't place undo burdens on others. Thus a pharmacist can claim religious objections to dispensing birth control pills only if the employer can make accomodation without it being a burden on the business or if in allowing that exception it de facto denies people the right to get that prescription filled (like, for example, a pharmacist owns a drugstore in a small town that is the only one within a 40 mile radius). What is scary is you know that the religious right is going to try and use this as a wedge to open up other things, you can bet some evangelical fuckward working for a big company will sue over the company's policy of non discrimination towards LGBT people, arguing his religious belief allows him to discriminate or otherwise violate that policy (and this is not made up, several years ago some evangelical lump sued ATT over its non discrimination policy and having gotten reprimanded for spouting anti gay statements in the work place, claiming his right to his beliefs were violated, the courts threw it out; this goes to Scotus with the 5 ardent Catholic believers, and it is likely he would win...... And yes, the decision claimed that it was narrow, that it was just this one issue, but watch what happens, the religiously stupid have been losing bigtime in society, now they are going to use the shit Reagan and Bush gave us on the Supreme Court to allow discrimination and bigotry to flow; I wonder, though, if the evangelicals will come to realize it is a poor sword that doesn't cut both ways, and they may find that businesses and industry want nothing to do with them, that they can find businesses saying their beliefs run contrary to their own religious beliefs, so take a hike.
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