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Supreme Court Rules with Hobby Lobby on Contraception

Discussion in 'Tilted Life and Sexuality' started by GeneticShift, Jun 30, 2014.

  1. martian

    martian Server Monkey Staff Member

    Location:
    Mars

    Right. So that's pretty much what I said. Google isn't Hobby Lobby. Google needs talented and experienced engineers. Hobby Lobby needs people who are able to walk and put things on shelves. Google (or ZocDoc, or Netflix, or Tesla, or whatever other example involving highly skilled workers) has absolutely no relevance to this discussion.
     
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  2. cynthetiq

    cynthetiq Administrator Staff Member Donor

    Location:
    New York City
    But they do the worker pool of those people who put things on shelves aren't all just unskilled workers, far from it.

    Costco has people who are able to walk and put things on shelves. They have happy employees. They have high salaries, and their stock is a continual growth.
    Walmart has people that are able to walk and put things on shelves. They have happy employees. They have minimum salaries, and their stock is a continual growth.

    same labor pool. so what's your point?
     
  3. martian

    martian Server Monkey Staff Member

    Location:
    Mars
    I don't know how happy Walmart employees are. I haven't looked into it much. Gut instinct says not very but I'm honestly not inclined to argue the point.

    The point (which still stands) is that some corporations deciding that it's a competitive advantage for them to go over the mandated minimums doesn't void the necessity of those minimums. And I don't know how many more new ways I can come up with to say that.

    Diabetics need insulin. People with bad kidneys need dialysis. People having surgery need blood transfusions. And women need birth control. All of these therapies are medically necessary for some people, and all of them contravene someone's religious precepts. If we're going to decide that the law will say (and it does say) that employers, by way of mandatory insurance plans, must provide insulin and and dialysis and blood, it makes no sense to then say that they don't have to also provide birth control because religion. Note that for coporations that do not qualify for the religious exemption, they must cover birth control. The law is not consistent on this point, and I personally believe that it's a huge mistake to give corporate entities the right to deny employees therapies or ignore aspects of the law based on some sort of religious argument. That opens up the potential for so many abuses I can't even fathom how anyone could ever think it was a good idea.
     
  4. cynthetiq

    cynthetiq Administrator Staff Member Donor

    Location:
    New York City
    You are sweeping a broad brush there.

    The object to 4 items in the list of 20.

    They aren't saying they aren't denying birth control. 16 out of 20 is allowed and they do not morally object to.

    Hobby Lobby case: What birth control is affected?
    So what slippery slope are we saying we are on here that this can become rife with abuses? Where are we saying that Hobby Lobby is denying birth control? Because that's not the information and facts that I'm reading.

    you want to talk fear, go right ahead, but the facts are that they aren't denying any of their employees access to birth control.



    My religious beliefs shouldn't trump your health needs and your health needs shouldn't trump my religious beliefs.

    My rights shouldn't trample over yours no more than yours trample over mine.

    It's pretty simple.
     
    Last edited: Jul 1, 2014
  5. martian

    martian Server Monkey Staff Member

    Location:
    Mars

    This goes back to my discussion with Herculite. Hobby Lobby may or may not be covering hormonal birth control, but the decision says they don't have to. There's nothing in the text of the decision that limits it's scope to those four therapies, and even if there were it would be pretty hard to enforce that when the next institution came along and objected to a different form of birth control. You can't make special rules just for Hobby Lobby. The scope of this decision goes far beyond Hobby Lobby, or even just birth control. Justice Ginsberg's dissent covered a lot of this ground. The New Yorker also has some interesting analysis if you're interested.

    A Very Bad Ruling on Hobby Lobby : The New Yorker

    If you think that SCOTUS can create a loophole like this and as many corporations as possible aren't going to rush to abuse it, you've got more faith in corporate responsibility than I do. @snowy's list of corporations in line to drop coverage is illuminating as to just how many people this decision affects.
    --- merged: Jul 1, 2014 at 5:51 PM ---
    The question isn't whether your religious beliefs take precedence over my healthcare. The question is whether it's valid to extend those religious beliefs to a corporate entity that you own. I don't think it is, and I think it's a very dangerous precedent to set if you start deciding otherwise.
     
    Last edited by a moderator: Jul 8, 2014
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  6. cynthetiq

    cynthetiq Administrator Staff Member Donor

    Location:
    New York City
    Actually in the world you want to live in which is ruled by laws, the RFRA law is how this was decided.

    The Hobby Lobby majority, summarized in (relatively) plain English - The Washington Post



     
    Last edited by a moderator: Jul 8, 2014
  7. Cayvmann

    Cayvmann Very Tilted


    Wow, you have jumped far for that one. Nobody even implied that freedom from religion would mean you didn't hear about it. But having others force upon you the rules of their religion is a different thing altogether. And no shit on the freedom of speech, also.

    I am an atheist, btw. I don't expect people not to discuss religion, or even to preach ( except at work, as I am a government employee ). Freedom of religion must mean that a person can choose their own path, without having outside actors pushing theirs on them. I am free to practice mine, only because I am free from yours.

    Like I said it's meaningless to have freedom 'of', without freedom 'from'. (religion)

    Freedom 'from' speech would work just the opposite way. If you can't speak about something I disagree with, then you don't have freedom 'of'. Speech and religious practice are two completely different beasts in that respect...
     
    • Like Like x 1
  8. martian

    martian Server Monkey Staff Member

    Location:
    Mars

    Doesn't everyone want to live in a world ruled by laws? I thought that was basically the point of this whole society thing.

    There've been a few ad hominems I've seen in other venues that suggest that somehow people who are opposed to this ruling are to blame because the law was passed by Clinton. I guess because he's a democrat? It seems kind of vague and I'm not sure I understand the point of it. If it's a bad law then it's a bad law, it doesn't matter who created it or passed it into being.

    Anyway, the applicability of RFRA is actually somewhat tenuous in this instance, though clearly Alito thinks it's relevant. The link I shared and Ginsburg's dissent both address it. Relevant quote:

    This aligns with my prior arguments that a corporate entity should not have a right to religious freedom. I don't think there's much more I can say to further elucidate the position.
     
    Last edited: Jul 2, 2014
  9. Herculite

    Herculite Very Tilted

    Even businesses with one employee are a corporation, if they are smart anyways. Corporations are private property not government property. There is a good reason only the two most liberal judges on the supreme court wanted to touch that.
     
  10. martian

    martian Server Monkey Staff Member

    Location:
    Mars
    A person can't be private property. If a corporation is private property, a corporation is not a person.

    Nobody's saying corporations shouldn't be private property. There are rules to incorporation, though. There's a process, and there are things that you can and cannot do. Using your corporation as a megaphone to impose your moral judgements on your employees is the point of contention here.

    The power dynamic between employers and their employees is heavily weighted in favour of the employer as it is. They must be controlled to limit abuse. This is not a controversial opinion. We all agree that labour laws are valid and necessary. We're not changing the face of the system here, just suggesting that this thing that they're doing is something they should be not able to do.
     
  11. Baraka_Guru

    Baraka_Guru Möderätor Staff Member

    Location:
    Toronto
  12. oneputt66 New Member

    I really try and not get involved with political or religious discussions (in person or online), as they never end well. I have never witnessed one side of the argument suddenly enlighten their debate partner and everyone walk away happy. The simple truth always comes down that we believe our position is correct and the other person in ignorant or closed minded. Most people are not capable of having a calm logical discussion / debate of the topic.
    Even on this board (that I chose to join based on the general open mindedness of the members), there has been no shortage of name calling and finger pointing towards those that don't happen to believe as you do.
    Not having been a member here very long and not knowing any of you personally (at least that I know of), I would venture to "guess" that the majority of you that think this court decision is the worst thing that has ever come out of the legal system, also believe that the "right" to an abortion is listed in the constitution. All legal decisions are rife with those who believe that those high and mighty judges got it completely wrong.
     
    • Like Like x 1
  13. rogue49

    rogue49 Tech Kung Fu Artist Staff Member

    Location:
    Baltimore/DC
    And just to show how much of this is going to become a clusterfuck...
    Post-Hobby Lobby, Religious Orgs Want Exemption From LGBT Hiring Order

    You're about to get "religious freedom" announcements from many "closely held" companies wanting every kind of verboten refusal.
    Good example of the Theory of Unintended Consequences.

    What we really need is a Voter Bill of Rights,
    with one of the amendments defining what IS a citizen or person...and what is NOT. (a business or entity)
    and what the rights of citizens employed or interacting with or within an entity have.
    (amongst all the other new amendments defining voting & donation differences)

    And as one sarcastic article wrote, what if it's a ultra-conservative Islamic business wanting all employees under sharia law??
    Or a ultra-conservative Jewish business that refuses women to be in certain sections, roles or levels of the company.
    How will that go down??

    This is not just about Christian values now.
     
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  14. Baraka_Guru

    Baraka_Guru Möderätor Staff Member

    Location:
    Toronto
  15. Shadowex3

    Shadowex3 Very Tilted

    Called it ages ago. They think that not being allowed to persecute others is the same as being persecuted themselves.
     
  16. Levite

    Levite Levitical Yet Funky

    Location:
    The Windy City
    I've been on vacation, or I would've posted to this at the start.

    Just to get on record, this decision is some monstrous bullshit. This is not freedom of religion. This is the opposite of freedom of religion. It makes no sense whatsoever to say that the religious beliefs of individuals who may control a majority of the stock of a certain company trumps the beliefs or rights of the individuals who are employed by the company-- especially when it comes to personal matters entirely unrelated to the company and its operation.

    I'm willing to say that an out-and-out religious organization has grounds to refuse to empower its employees to do something against the religion of the organization. But I see no possible rationale for granting such extraordinary exemptions from basic health care provision to a chain of shops that sells paper goods and tchotchke-making crap. Unless they can prove to us all that they believe that their god ordained that they worship him by selling paper goods and tchotchke-making crap and no other way, I call bullshit.

    Religious freedom is about tolerance. It's about everybody getting to make their own religious decisions, or decisions that some consider religious and some don't, and not have such decisions forced on them, either by the government or by their employers or anyone else. And in any case, health care ought to be private. A great way to avoid this whole morass is to simply provide all benefits, not poke into the health care decisions that employees pursue, and presume that everyone will make moral choices, whatever the hell one thinks those are.

    And, of course, as is now happening, this kind of decision is an absolute mine field, giving potential protection to all kinds of crazy radical fundamentalist shit-- as long as it's Christian fundamentalist. Because I guarantee you, if this were about Muslims or Jews or Hindus or whatnot wanting the exact same sort of idiotic "freedom" the court would've sent them packing with their nads on a platter.

    But in any case, it's not really about Christian preferentialism, or anti-Muslim or anti-Jewish bias or anything else. It's about the unhealthy cultivation of fundamentalist religion in the far-right conservative political community. No sane religious person would demand this kind of "freedom," any more than most sane progressive, centrist, or even some center-right politicos would think this kind of decision anything but disastrous.

    Bullshit, I say again.
     
    • Like Like x 5
  17. redravin

    redravin Cynical Optimist Donor

    Location:
    North
    Well this should be fun.


    Hobby Lobby Backfires As Satanic Temple Demands a Religious Exemption



    I'm sure most doctors would go along with any woman who walked wearing on of these T-shirts or carrying the signed paper.
    I just don't know if there would be enough of a mass of woman doing it to make the courts do anything to change the law.
     
  18. Street Pattern

    Street Pattern Very Tilted

    The worst thing ever? That's a pretty high bar. Worse than Dred Scott? Worse than U.S. v. Korematsu? Worse than Plessy v. Ferguson? Worse than Buck v. Bell?

    I don't like the Hobby Lobby decision, but next to the greatest atrocities in American legal history, it kind of pales.

    Of course it isn't "listed" in the Constitution. But it flows from the idea that the Constitution implies a right of privacy.

    Most legal critics of Roe v. Wade think Griswold v. Connecticut (1965, states may not prohibit married couples from obtaining or using contraception) was wrongly decided, because it found a right of privacy in the Constitution.

    It is amusing to see conservative politicians (I think Rick Perry was one) asked whether they think the Constitution protects privacy, and coming up with the "wrong" (yes) answer.

    As a lawyer, I have mixed feelings about Roe v. Wade, but I shudder to think of the awful ramifications of a ruling that the Constitution no longer protects privacy. Too much law has been built on that point to abandon it now.

    One can disagree with a U.S. Supreme Court decision, and I often do, but in our system, they are the absolute final authority on what the Constitution means. We can call them wrong, but by definition, they are never wrong.
     
    Last edited: Aug 2, 2014
  19. Shadowex3

    Shadowex3 Very Tilted

    Constitutionally they can't be called wrong by anyone but themselves. Empirically they're capable of being factually incorrect, and legally they're capable of judicial misconduct. But since they got away with open bribery from the Kochs at this point I don't know what would get them called on that.

    As for the right to privacy... It's one of those things I'd love to see amended to the constitution, as well as clarifying the 4th to apply to digital property, but I doubt it will ever happen and messing with the constitution right now would open us up to far worse.
     
    • Like Like x 1
  20. Not big on corporations basically near having the rights of humans...next they'll have weapons to fight off "terrorists" and then it'll end up like that Sylvester Stallone movie where they have wall tasers to shock anyone who'd spray paint on a building bc that's so "evil" ..

    Hate how this worlds heading ..try looking ahead and tell me you truly believe things are getting better for anyone besides the rich