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rug

(82,333 posts)
Mon Jul 30, 2012, 01:12 PM Jul 2012

Why Are Secular Businesses Claiming Religious Rights?

A new federal court ruling represents an ominous legal trend: Religious freedom is morphing into religious power.

Jul 30 2012, 12:21 PM ET
Wendy Kaminer

"Can a corporation exercise religion?" federal district court judge John L. Kane recently asked. He answered his own question with a provisional yes. In Newland v Sebelius, the court granted a commercial enterprise a temporary injunction exempting it, for now, from providing female employees with coverage for contraception and sterilization required by the Affordable Care Act.

Hercules Industries, a private corporation, manufactures and distributes ventilation systems, but this secular business is owned and operated by a Catholic family, which "seek(s) to run Hercules in a manner that reflects their sincerely held religious beliefs." Its recently amended rules of incorporation state that the company is to be guided by appropriate religious, ethical, or moral standards and that the board of directors may "prioritize" those standards over profitability. Following the teachings of the Catholic Church, Hercules does not offer the ACA's required coverage for reproductive health care.

The law exempts religious employers from these requirements, and the Obama administration has offered compromises to Church-affiliated non-profits (compromises that have been the subject of intense controversy and litigation). But the Newland case seeking and at least temporarily securing exemptions from a generally applicable federal law for an entirely secular enterprise is a new frontier.

The injunction in Newland was not based on First Amendment claims but on a federal statute, the Religious Freedom Restoration Act. This act requires the government to demonstrate a compelling interest in regulations that substantially burden religion. In Newland, the district court found the government's compelling interest in uniform application of a public health measure was "undermined" by "numerous exemptions to the preventive care mandate," including contraception care exemptions offered to religious institutions.

http://www.theatlantic.com/national/archive/2012/07/why-are-secular-businesses-claiming-religious-rights/260463/

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2ndAmForComputers

(3,527 posts)
2. Trying to take advantage of the ginormous IOKIYAC loophole that's omnipresent in our society.
Mon Jul 30, 2012, 01:21 PM
Jul 2012

They found a way to monetize it.

Lint Head

(15,064 posts)
3. It's simple. Corporate Theocratic Fascism has a template to take power and they know people can
Mon Jul 30, 2012, 01:38 PM
Jul 2012

be fooled and controlled with the fear of death and going to hell. The Kool Aide drinking lemmings will following them. it's a brave new world.

 

Bradical79

(4,490 posts)
4. Many see their business as an extension of themselves
Mon Jul 30, 2012, 05:23 PM
Jul 2012

rather than a separate entity. There seems to be a lot of difficulty (especially among conservatives) in understanding that the power they have over their own lives should not extend to their employees. So when their own lives are defined by their religious beliefs and church involvement, that often gets projected onto those who are working for them.

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