Tag Archives: Hobby Lobby

The Religious Freedom Restoration Act establishes religious privilege

In the United States, the Supreme Court tells us, corporations have the status of “people” and thus have attendant constitutional rights including freedom of religion. That allows corporations to decline to participate in aspects of Obamacare if it considers that doing so would be against the corporation’s religious beliefs.

This landmark “Hobby Lobby” ruling followed predictable lines, with five Catholic judges out-voting the Court’s four moderates. Much of the commentary has focused on the doctrine of awarding personhood to corporations. An equally important issue, however, is the role of the 1993 Religious Freedom Restoration Act, whose effects are seen for the first time.

That Act would have been better named the Religious Privilege Establishment Act. It requires that the:

“Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability”, with allowed exceptions only where the burden “furthers a compelling governmental interest”, and in addition “is the least restrictive means of furthering that compelling governmental interest”.

This privileges the religious since it grants greater import and status to a religious motivation for doing or not doing something than to a secular motivation for the same thing. Through this promotion of religious belief it is a law “respecting an establishment of religion” and thus it violates the First Amendment. Continue reading