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hobby lobby bc ruling

  1. rattles

    grapefruit / 4903 posts

    @Adira: I think the plaintiffs would argue that it's the ACA that opened up that can of worms.

    I'm pleased with the decision.

  2. Sophia

    apricot / 432 posts

    I haven't read all of the posts, so this may have already been mentioned. I fear what comes next. What if my employer decides my eating disorder is all a part of "God's plan" or my own fault and decides to exclude coverage for mental health?Treatment is extremely expensive (even WITH insurance coverage), and there's no way I'd be able to continue with the treatment that I need to save my life.

    It's a slippery slope, and that is what gets me.

    Also, I am not 100% if this is true as I haven't had time to research...but I've seen many mentions that Hobby Lobby's medical insurance plan will cover vasectomies for males? What in the world.

    It isn't always as easy as "choosing another employer" or "choosing to work elsewhere." That is your privilege speaking.

  3. Adira

    wonderful pomelo / 30692 posts

    @rattles: The ACA is a completely DIFFERENT can of worms and shouldn't really be subject to this discussion. This is about whether a for-profit company has to follow a generally applicable law or not (regardless of if that law came from ACA or something else). And besides, the ACA can of worms has been able fought, discussed, and upheld.

  4. coopsmama

    cantaloupe / 6059 posts

    @MamaG: This. Exactly.

    I've been following this thread closely and have been reading all of the posts. My perspective has been changed a bit, although not entirely, and it's been good to have a feel for both sides of this issue. I appreciate all of the thought and time you all have put into your posts!

  5. MrsH

    honeydew / 7667 posts

    @Adira: This is directly from the opinion "At issue here are regulations promulgated by the Department of Health and Human Services (HHS) under the Patient Protection and
    Affordable Care Act of 2010 (ACA), which, as relevant here, requires specified employers’ group health plans to furnish “preventive care and screenings” for women without “any cost sharing requirements,”

    Like it or not the supreme court just smacked down a portion of the ACA you can't separate the two.

  6. MsLipGloss

    GOLD / pineapple / 12662 posts

    @MrsH: Your analysis does not incorporate the majority's stated "narrow" holding that the HL (/Conestoga) opinion(s) only applies to closely held corporations (and then only under certain circumstances). The opinion does not speak to the validity/applicability of the ACA generally (or any provision thereof generally, i.e., as to all employers as opposed to the at-issue employers).

  7. MrsH

    honeydew / 7667 posts

    @MsLipGloss: I was not commenting on the closely held corporations aspect. Instead, I was merely stating that the S.Ct. was looking at an issue raised by the ACA and that the two could not be divorced from each other as stated by @Adira.

    ETA: I also did not speak to the "validity/applicability of the ACA generally"

  8. TemperanceBrennan

    pear / 1998 posts

    There are so many smart people on this thread. I am not a lawyer and don't know much beyond my American History classes in high school, I was hoping someone could confirm my understanding of this whole situation, or explain where I'm wrong:

    Obviously, health insurance and health care in the United States is (was?) less than ideal.

    The ACA attempted to help fix this broken system in many ways (making everyone have heath insurance, no lifetime caps, kids can stay on insurance until 25, preventative care needs to be covered in). All these things were debated (and are still debated), and many people disagree with them, but the act passed, it is law (and has been upheld by the supreme court).

    Contraceptive coverage is considered "preventative care" by the act and must be covered your policy by health insurance companies.

    Many workplaces provide health insurance to their employees as a benefit. Regardless of where you get your coverage, your policy has to cover certain things. There is also a law that says that employers over a certain number of people have to provide some sort of insurance coverage.

    The owners of Hobby Lobby are morally against a few types of contraceptives due to their religious beliefs, so they think that they should not have to provide a policy that covers something they oppose.

    So the majority of the supreme court made an exception to a law that means a for-profit (closely-held) company does not have to follow a law because of the religious belief of the owners of the company.

    Obviously, this is so, so simplified that it might lose it's meaning completely, but I don't know if I completely understand the situation. Is this what happened or am I missing something?

  9. MrsH

    honeydew / 7667 posts

    @MsLipGloss: I'm happy to change my statement to "Like it or not the supreme court just smacked down a portion of the ACA with respect to at-issue employers you can't separate the two."

    My points was that the ACA is what raised this issue and is completely appropriate for @rattles: to bring it up.

  10. TemperanceBrennan

    pear / 1998 posts

    @MrsH: Does that mean that that portion of the law is no longer valid for anyone, or just that Hobby Lobby gets an exemption because of their owner's religious views and the specific type of for-profit company? I'm not sure I understand, but this is just all way over my head.

  11. rattles

    grapefruit / 4903 posts

    @MrsH: Thanks for the assist! I should know better than to respond tongue in cheek on a political thread, but that was indeed my point.

  12. MsLipGloss

    GOLD / pineapple / 12662 posts

    @MrsH: My understanding is that the majority did not invalidate the applicability of the provision to the at-issue employers, rather, the majority allowed the employers to exclude several types of contraceptives from the ACA-approved list, but that the remaining portions of the provision (ETA which include other contraceptives) are still covered services.

    ETA: oh, and no need to change your statement!

    ETA2: And I have only read the HL decision.

  13. MrsH

    honeydew / 7667 posts

    @TemperanceBrennan: The law is still valid. The decision exempts some closely held, for-profits from covering contraception in the employees' plan

    To broaden this out to exempt other (religious) companies will depend on the company and state corporate laws.

  14. MrsH

    honeydew / 7667 posts

    @MsLipGloss: I get where you are coming from. I think you are reading into my "smacked down" to imply invalidated. IMHO an exemption to for profit religious corporation = "smack down"

    Regardless - I was just trying to point out that the ACA is what started this issue and certainly is not a "separate" discussion per @Adira:

  15. MrsH

    honeydew / 7667 posts

    @rattles: no problem. I've been writing posts for this thread and not posting them for a while now.

  16. MsLipGloss

    GOLD / pineapple / 12662 posts

    @MrsH: Yep, that was my translation of "smack down."

  17. MrsH

    honeydew / 7667 posts

    @MsLipGloss:

  18. lawbee11

    GOLD / watermelon / 14076 posts

    @TemperanceBrennan: Yes, that is basically what happened. The contraceptive mandate is still valid. Previously, religious organizations (like churches) and non-profits were eligible for an exemption from the contraception mandate. Now the Supreme Court has expanded those eligible for the exemption to certain for-profit closely held corporations.

  19. Adira

    wonderful pomelo / 30692 posts

    @MrsH: What I was trying to say was that whether the ACA itself is a can of worms is not what we're actually discussing. What we're discussing is the decision to allow HL to be exempt from a portion of the law.

    A majority of people that support the decision made by the Supreme Court do so because they are anti-ACA in general and are arguing from that stand point. I'm merely trying to point out that being anti-ACA vs pro-ACA is a DIFFERENT conversation than this one.

  20. MsLipGloss

    GOLD / pineapple / 12662 posts

    I have question to pose that I didn't during the initial exchange, but feel pretty comfortable in so doing now . . .

    Would you feel differently about the decision(s) if the closely held religious beliefs were not Christian or Catholic . . . but, say, Shi-ite Muslim, Pagan, or Scientology (just a few examples)?

  21. avivoca

    watermelon / 14467 posts

    @MsLipGloss: That is a really great question. I personally would not feel differently. I am a Christian, but I don't think people should be projecting their religious beliefs on others who may not believe the same things I do.

  22. Adira

    wonderful pomelo / 30692 posts

    @MsLipGloss: George Takei posted this same question on his blog.

    I personally would feel the same. Religion is religion and corporations can't be religious in my opinion!

  23. Boheme

    papaya / 10473 posts

    @MsLipGloss: I would be angry about the decision no matter what religion.

    At this point in my life, I feel more passionately about women's rights and reproductive health choices than I do about any religion though.

  24. Jenn23

    persimmon / 1085 posts

    @Adira: "I personally would feel the same. Religion is religion and corporations can't be religious in my opinion!"

    Agreed!! I don't even want to KNOW anybody's religious views when it comes to business. There is a time and a place for it for some people, but not in the workplace and certainly not when it affects employees. I'm still so angry about this decision.

  25. lawbee11

    GOLD / watermelon / 14076 posts

    @MsLipGloss: I wouldn't feel differently, but I also don't agree with it as it currently stands (and I was raised Catholic).

    Considering all 5 justices who wrote the majority opinion are Catholic, I'm guessing it would've had a different outcome had any other religion been at issue.

  26. wonderstruck

    pomegranate / 3791 posts

    @MsLipGloss: I would not feel differently, but I do not agree with the ruling so I suppose that is to be expected. I think it's an excellent question though. It seems that because Christianity is the most popular, and IMO most accepted, religion in our country, people are much more open to altering laws to align with that set of beliefs. It's so intertwined with our country (people's fierce belief in keeping 'under God' in the pledge and 'in God we trust' on our money being key examples) that I feel like for some reason Christian beliefs too often slip past the separation of church and state.

    I saw a Seth Rogen quote online earlier today about this whole thing that really amused me. It was, "People love defending people's rights to deprive other people of their rights."

  27. MrsMccarthy

    honeydew / 7295 posts

    People would be losing their minds if this were a Muslim or scientologist, or Jewish case! Christian Scientists don't believe in western medicine at all. It's completely ludicrous.

  28. sunny

    coconut / 8430 posts

    I also wonder if people would think differently if it didn't have to do with the ACA.

  29. Synchronicity

    grapefruit / 4089 posts

    @wonderstruck: That's a great quote!

  30. Adira

    wonderful pomelo / 30692 posts

    @sunny: I wonder that too!!!

  31. LovelyPlum

    eggplant / 11408 posts

    @sunny: I would not. I'm for ACA generally, but not the contraception mandate. So I don't think this can simply be a pro/anti ACA thing. After all, the court did uphold another provision of ACA, so it is not as if they are completely against it, either.

  32. LovelyPlum

    eggplant / 11408 posts

    @MsLipGloss: nope! I would feel the same. To me, government mandates that force people to contribute to services that they find immoral (regardless of how hypocritical it may seem at face value) is an overstep that this ruling is helping to correct. I do not believe that the government has the right to legislate away religious freedom.

  33. sunny

    coconut / 8430 posts

    @LovelyPlum: << To me, government mandates that force people to contribute to services that they find immoral (regardless of how hypocritical it may seem at face value) is an overstep that this ruling is helping to correct. >>

    There are lots of people who disagree with various ways the government in run, yet still are required to pay taxes. Are you saying that if I am not in favor of supporting the war in Iraq or Afghanistan, I shouldn't have to pay taxes to support the military? It just doesn't work that way.

  34. MrsH

    honeydew / 7667 posts

    @sunny: not to put words in @LovelyPlum's mouth but "not in favor" doesn't exactly reach immoral.

  35. wonderstruck

    pomegranate / 3791 posts

    @LovelyPlum: Some people believe that the earth is overpopulated and people should stop re-producing. If someone with those beliefs owns a corporation, should they be allowed to deny their employees maternity coverage or FMLA leave? Because as ridiculous as that may sound to you or me, there are groups that feel strongly about it and do believe that it's immoral and killing the earth and such.

  36. wonderstruck

    pomegranate / 3791 posts

    @MrsH: Her wording was different, but I don't think it's a reach to say that some people find war to be immoral.

    ETA: Sorry @Sunny, I see we were typing at the same time!

  37. sunny

    coconut / 8430 posts

    @MrsH: there are people who think that the wars were immoral. Should they be exempted from paying taxes towards military expenditure?

  38. MrsH

    honeydew / 7667 posts

    @wonderstruck: really? Most (a majority?) religious groups have wars over their beliefs.

  39. wonderstruck

    pomegranate / 3791 posts

    @MrsH: I'm not sure what that has to do with anything - someone can find something immoral for non-religious reasons. There are still many people out there who find war to be immoral. Are you saying someone's moral beliefs are less valid if they aren't religious? Because I would disagree with that.

  40. sunny

    coconut / 8430 posts

    @MrsH: right but you can still object to a specific war. Plus there are also pacifists who may object to all war.

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