Thursday, July 3, 2014
The slippery slope created by the Hobby Lobby Supreme Court decision, threatens to knock new protections for LGBT Americans right off their feet.
Courtesy of The Atlantic:
This week, in the Hobby Lobby case, the Supreme Court ruled that a religious employer could not be required to provide employees with certain types of contraception. That decision is beginning to reverberate: A group of faith leaders is urging the Obama administration to include a religious exemption in a forthcoming LGBT anti-discrimination action.
Their call, in a letter sent to the White House Tuesday, attempts to capitalize on the Supreme Court case by arguing that it shows the administration must show more deference to the prerogatives of religion.
"We are asking that an extension of protection for one group not come at the expense of faith communities whose religious identity and beliefs motivate them to serve those in need," the letter states.
The Hobby Lobby decision has been welcomed by religious-right groups who accuse Obama of waging a war on religion. But Tuesday's letter is different: It comes from as group of faith leaders who are generally friendly to the administration, many of whom have closely advised the White House on issues like immigration reform. The letter was organized by Michael Wear, who worked in the Obama White House and directed faith outreach for the president's 2012 campaign. Signers include two members of Catholics for Obama and three former members of the President’s Advisory Council on Faith-Based and Neighborhood Partnerships.
"This is not an antagonistic letter by any means," Wear told me. But in the wake of Hobby Lobby, he said, "the administration does have a decision to make whether they want to recalibrate their approach to some of these issues."
In other words if the Hobby Lobby can use religion as protection from treating people equally then why do we have to?
In fact this is exactly what Ruth Bader Ginsburg predicted would happen in her dissent:
“Would the exemption…extend to employers with religiously grounded objections to blood transfusions (Jehovah’s Witnesses); antidepressants (Scientologists); medications derived from pigs, including anesthesia, intravenous fluids, and pills coated with gelatin (certain Muslims, Jews, and Hindus); and vaccinations[?]
…Not much help there for the lower courts bound by today’s decision. [...] The court, I fear, has ventured into a minefield.”
I would predict that this is just the beginning.
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