Trena Berum: yes
Derrick Cacioppo: Which is more important: a centuries old natural right proclaimed in the Bill of Rights, or a controversial right declared in a current statute? If my phrasing of this question didn't lead you to my personal opinion, I will tell you! The fundamental right in the Bill of Rights. When free exercise of religion is the right in question, there have been two standards used to determine whether a limitation of religious rights is constitutional: one allows limitation in response to a generally applicable criminal law -- in other words, if no one else can do it, your religion doesn't allow you to do it. The other standard makes limitation of rights more difficult -- it requires the government to have a narrowly tailored and compelling interest to limit one's rights. In other words, under this standard, known as strict scrutiny, the government can limit rights if it has a strong and specific reason.In Hobby Lobby, the Court used this secon! d standard, strict scrutiny, as asserted in the Religious Freedom Restoration Act. This led them to the decision to allow the family owned business to assert their religious beliefs and not provide insurance for contraceptives for their employees. It's a very controversial issue because 1) Hobby Lobby was treated like an individual, with first amendment rights and 2) employees claim a right to contraceptive care -- as ensured by the Affordable Care Act (Obamacare)âThis is a landmark decision for religious freedom. The Supreme Court recognized that Americans do not lose their religious freedom when they run a family business,â said Lori Windham, Senior Counsel for The Becket Fund for Religious Liberty and counsel for Hobby Lobby...Show more
Pearlie Medora: Basically, the owners of Hobby Lobby didn't want to participate in the Affordable Healthcare Act. Because of their expressed religious beliefs (they believe it is immoral to destroy a human fetus), they didn't w! ant to fund any healthcare for their employees that aids in th! e destruction of a fetus.The Hobby Lobby won their case because it was a case of religious values against government mandate....Show more
Daren Ventrice: There is no "situation".
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