Hobby Lobbying
A Catholic company refuses to cover contraceptives for employees
Hobby Lobby, a known conservative and private company based out of Oklahoma, is fighting the Affordable Care Act with claims that providing free birth control and contraceptives to employees is against their religion. The Greens, a prominent family who owns Hobby Lobby, are devout Catholics. The case was filed in September 2012 and began arguments before the U.S. Supreme Court in March 2014.
When do religious beliefs in the context of the Affordable Care Act undermine the basic health coverage of their employees? Can a corporation refuse vaccination and blood transfusion coverage for a sick employee because it is “against their religion?” Such questions were asked by U.S. Supreme Court Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan, the only female Justices. They are currently arguing that a company with stockholders should not be able to make a religious stance, as corporations cannot force their employees to practice the same religious beliefs as them. The other question against Hobby Lobby is how can a corporation have a religious stance when thousands of employees work for them?
The three women are fighting against the eight male Justices, who believe that Hobby Lobby reserves the right to practice religion as a corporation. The latter’s argument is that there is a separation of church and State.
“I don’t think the government should be able to force companies to cover everything required in the Affordable Care Act if they feel it goes against their beliefs,” said sophomore Natalie Clemm. By not allowing their religious beliefs to affect their corporation, the government is overstepping their boundaries into the private sector of business. Employees would still have access to contraception, they will just have to pay for it; in the opinion of Hobby Lobby, religious corporations shouldn’t have to pay for it. For many, it stirs up already indignant citizens who disagree with Obamacare.
“Obamacare is causing an egregious denial of religious freedom to force them to cover something they don’t believe in. It’s almost like forcing Muslim restaurant owners to sell pork or having a policy of acknowledging a god for atheist business owners. It’s denying someone a religious freedom,” said senior Brendan Del Prete. Such strong opinions are being considered; however, the Supreme Court Justices much make a decision based on constitutionality rather than personal beliefs.
On the opposing side, the three female Justices are arguing that a corporation cannot force their religious beliefs upon their workers.
“I think that all large businesses should cover their employees,” said freshman Emma Smith. A precedent will be set as to whether or not religion has a role in the workplace, both exciting and worrying many.
Weakening Hobby Lobby’s case, their retirement plan invests in pharmaceutical companies that offer various contraceptives; As of December 2012, three months after the company filed a lawsuit against Obamacare, Hobby Lobby had a total of $73 million invested in various pharmaceutical companies offering mainly contraceptives. This includes Teva Pharmaceutical Industries, which makes Plan B. The Greens submitted a brief to the Supreme Court stating that they refused to cover their employee’s purchase of Plan B, among other drugs.
“Being Christians, we don’t pay for drugs that might cause abortions…something that is contrary to our most important beliefs. It goes against the biblical principles on which we have run this company since day one,” Hobby Lobby founder David Green wrote in an article for USA Today.
Though the Supreme Court has not reached a decision on the Hobby Lobby case, it does not seem to be coming anytime soon. The outcome will be based on legal arguments as opposed to ethical arguments, causing much controversy and debate between Justices.