Just when I think that maybe the Nation has finally laid to rest religious fundamentalists’ objections to equal treatment of sexual-orientation minorities and trans people – “trans” is not a sexual orientation, of course – the issue rears its ugly head again, and I feel like someone has abducted me, placed me into Mr. Peabody’s Way-Back Machine, and zorched me ten or so years into the past when the issue was still being debated and adjudicated.
Such was my reaction to Politico’s and USA Today's recent story about Trump’s intent to sign an executive order (EO) mandating a respect for “sincerely held religious convictions” vis a vis … well … what …. exactly … ? … which is precisely the issue. Given that Vice President Pence was once governor of Indiana, where he advocated a State-level re
For part 1 of this post, see https://beguineagain.com/2014/08/14/womb-with-a-view-redux-part-1/
(Correction: In part 1 of this post, I referred to “36 other substances / devices for contraception”. The correct number should be 14 other methods. The ACA contraception mandate covers 18, not 40, contraceptive methods (20 total, but 18 for women) approved by the FDA, 4 of which were at issue in the Hobby Lobby case.)
All that said, however, we must also acknowledge that by no means are all the problems with the Hobby Lobby ruling “pseudo”. Some are both significant and real, such as …
o The real (potential) problem of the case for Hobby Lobby being argued and decided on a statutory rather than constitutional basis
As paradoxical as it perhaps may sound at first, the fact that the Hobby
In the month or so since the Supreme Court rendered its opinion in the case of Burwell v. Hobby Lobby, I have decided that the Hobby Lobby decision is easy to hate in the short-term but easy to … if not love, exactly … at least easy to tolerate in the long term. It really is not as bad as you perhaps have heard. I say this for several different, but related reasons that make snap judgments easy but, as is often the case, wrong in some important respects. These reasons include the history of the Federal statute, the Religious Freedom Restoration Act (RFRA, usually pronounced riff-ra), according to which Hobby Lobby was decided; the pre-RFRA case law pertaining to the granting of religious exemptions to Federal (and State, though not all States have RFRAs) laws; the specific language of RFRA