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rug

(82,333 posts)
Wed Nov 27, 2013, 06:11 PM Nov 2013

Religious liberty is for people, not corporations

By Elizabeth B. Wydra
updated 7:03 PM EST, Tue November 26, 2013

Editor's note: Elizabeth B. Wydra is chief counsel for the Constitutional Accountability Center, a public-interest law firm, think tank and action center. She regularly participates in Supreme Court litigation. Follow her on Twitter @ElizabethWydra.

(CNN) -- Once again, Obamacare has made its way back before the Supreme Court.

The high court decided Tuesday to review two challenges by for-profit corporations and their religious owners over comprehensive contraception coverage required by the Affordable Care Act. And if the justices follow more than 200 years of constitutional law and history on what it means to enjoy the free exercise of religion in America, the court should yet again hand a victory to the act.

It had little choice but to agree to hear the cases this term.

Using unprecedented legal reasoning, three federal circuit courts of appeals have ruled that secular, for-profit business corporations and/or the individuals who own them have a valid claim that the mandate to provide no-cost, FDA-approved contraception in their employer-sponsored health plan violates their asserted right to the free exercise of religion.

http://www.cnn.com/2013/11/26/opinion/wydra-supreme-court-obamacare/

Ditto for free speech.

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Religious liberty is for people, not corporations (Original Post) rug Nov 2013 OP
Thanks for the Constitutional Accountability Center input. I liked this - pinto Nov 2013 #1

pinto

(106,886 posts)
1. Thanks for the Constitutional Accountability Center input. I liked this -
Wed Nov 27, 2013, 07:18 PM
Nov 2013
From the nation's founding until today, the Constitution's protection of religious liberty has been seen as a personal right, inextricably linked to the human capacity to express devotion to a God and act on the basis of reason and conscience.

Business corporations, quite properly, have never shared in this fundamental constitutional tradition for the obvious reason that a business corporation lacks the basic human capacities -- reason, dignity and conscience -- at the core of the right to free exercise of religion. Obviously not "persons" in the usual sense of the word, these corporations are also not religious organizations, which have historically received some constitutional protection and are, in fact, given exemptions from the contraception mandate.

These businesses do not hire employees on the basis of their religion and their employees are not required to share the religious beliefs personally held by the corporation's owners. In all of American history, secular, for-profit corporations have never been understood to "exercise" religion -- have you ever seen Exxon Mobil in the pew next to you at church? -- and have never been protected by the right to free exercise.
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