Monday, June 30, 2014

Anti-Gay Activists Hopeful Hobby Lobby Will Lead To License To Discriminate | Right Wing Watch


And it starts.

As I suspected when this case first hit, the real motivation comes forth. Nothing the Reich does is "individually" motivated (this is not about the Green's personally held religious convictions) and as I have posted before, it centers around a point made by Michael Meyerson in writing about Newland v. Sebilius.
The Supreme Court has consistently held that religious organizations have the power to decide for themselves, free from governmental interference, matters of internal discipline and governance. Thus, the courts are barred from stepping in to settle a dispute over which of two religious factions is the rightful owner of particular church property. Judges may not question a church's interpretation of its own internal documents.

If such rights were extended to for-profit corporations, much of modern corporate law would have to be discarded. By describing their internal structure as one of a religious hierarchy, those running a corporation could engage in all manner of manipulation free from the fear of governmental oversight or judicial review. Many private employees would be vulnerable, for the first time since the passage of the Civil Rights Act of 1964, to discriminatory treatment due to the religious preferences of their employers.

The special protection that is given to religious organizations so that they are free to perform their religious functions cannot logically or properly be ripped from its rightful context and applied to secular, for-profit corporations.
In other words, the Reich will "now" be able to exempt themselves from any laws that they don’t like; that they find “religiously’ objectionable.” In Peter LaBarbera's own words, "LGBT Left has been winning in the courts, but now we have hope that SCOTUS will honor small biz conscience exemptions on homosexuality."

Regretfully I do not share in the optimism of Dylan Scott over at TPM:
While the company Hobby Lobby triumphed at the U.S. Supreme Court in challenging Obamacare's contraceptive mandate on Monday, the Court does not seem to have flung opened the floodgates for anti-LGBT discrimination as some had feared it might. 
,,,
Based on initial readings of the Hobby Lobby decision, LGBT advocates seemed to have dodged a bullet. The Court's ruling, written by conservative Justice Samuel Alito, is explicitly narrow in effect. But some advocates worry that those pushing anti-LGBT bills will see an opening to introduce new bills and file new lawsuits to legitimize discrimination. Whether they'd win, though, is much less clear.
,,,
"This decision concerns only the contraceptive mandate and should not be understood to hold that all insurance-coverage mandates, e.g., for vaccinations or blood transfusions, must necessarily fall if they conflict with an employer’s religious beliefs," Alito asserted. "Nor does it provide a shield for employers who might cloak illegal discrimination as a religious practice." 
Anti-Gay Activists Hopeful Hobby Lobby Will Lead To License To Discriminate | Right Wing Watch

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