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Related: About this forumThe Supreme Court's awful Hobby Lobby decision just spawned a very ugly stepchild
"The court, I fear, has ventured into a minefield.
Thats how Supreme Court Justice Ruth Bader Ginsburg concluded her dissent to the 2014 Hobby Lobby decision. Thats the case in which the court ruled that businesses have a right to their own religious beliefs, and could use them to flout otherwise generally applicable federal laws in this particular, the Affordable Care Acts mandate that businesses provide contraceptive coverage as part of their employees health insurance.
The minefield Ginsburg warned about has now detonated. On Thursday, U.S. District Judge Sean F. Cox of Detroit ruled that a local funeral home was well within its rights to fire a transgender employee because its owner had a religious belief that gender transition violated biblical teachings.
"
If religious motivation exempted businesses from anti-discrimination laws, our government would be powerless to enforce those laws.
ACLU brief in EEOC vs. Harris
<snip>
At first, the case resembled an ordinary sex-discrimination matter. The employers defense was that it had a written dress code distinguishing between mens and womens working garb, and Stephens had refused to wear mens clothing. Soon, the funeral homes added a religious dimension, citing the federal Religious Freedom Restoration Act, the same statute underlying the Hobby Lobby case. That legislation was designed to give people a pass on generally applicable laws if they could show that the burdens imposed on their beliefs outweighed the publics interest.
Thats how Supreme Court Justice Ruth Bader Ginsburg concluded her dissent to the 2014 Hobby Lobby decision. Thats the case in which the court ruled that businesses have a right to their own religious beliefs, and could use them to flout otherwise generally applicable federal laws in this particular, the Affordable Care Acts mandate that businesses provide contraceptive coverage as part of their employees health insurance.
The minefield Ginsburg warned about has now detonated. On Thursday, U.S. District Judge Sean F. Cox of Detroit ruled that a local funeral home was well within its rights to fire a transgender employee because its owner had a religious belief that gender transition violated biblical teachings.
"
If religious motivation exempted businesses from anti-discrimination laws, our government would be powerless to enforce those laws.
ACLU brief in EEOC vs. Harris
<snip>
At first, the case resembled an ordinary sex-discrimination matter. The employers defense was that it had a written dress code distinguishing between mens and womens working garb, and Stephens had refused to wear mens clothing. Soon, the funeral homes added a religious dimension, citing the federal Religious Freedom Restoration Act, the same statute underlying the Hobby Lobby case. That legislation was designed to give people a pass on generally applicable laws if they could show that the burdens imposed on their beliefs outweighed the publics interest.
http://www.latimes.com/business/hiltzik/la-fi-hiltzik-hobby-child-20160819-snap-story.html?utm_content=buffere97bd&utm_medium=social&utm_source=facebook.com&utm_campaign=buffer
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The Supreme Court's awful Hobby Lobby decision just spawned a very ugly stepchild (Original Post)
icymist
Aug 2016
OP
rickford66
(5,523 posts)1. My solution
If the "business" invokes its religious belief about something, then they must prove that they follow all the teachings of their particular religion to the letter. If they "pick and choose" as most of these cases seem to be about, then they get fined.
ncjustice80
(948 posts)5. They need to just drop the religious exemptions, in all cases, period.
MattP
(3,304 posts)2. You can pretty much fire anybody now and hide behind religious bigotry
Another reason why this election is so important
stopbush
(24,396 posts)4. We as a species need to move beyond allowing people's
belief in make believe to trump the real lives of real people.
CincyDem
(6,354 posts)6. How many have died in pursuit of...
..."my make believe is better than your make believe".
Such a crock. All of it.
nightscanner59
(802 posts)7. hear, hear
It is a dangerously thin line that separates reason from a repeat of the inquisition.
CincyDem
(6,354 posts)8. Nobody expects the Spanish Inquisition. One of Monty Python's enduring contributions.
LeftRant
(524 posts)9. I am so feeling you guys.
You can claim anything as a "deeply held belief that must be respected." Madness.