With all the drama that comes from handing down a major decision on the last day of the term, the US Supreme Court issued the much awaited Hobby Lobby decision. Those on the right hailed it as a victory for individual liberty. Those on the left bemoaned the impact that it would have on the healthcare system. In my opinion, the truth lies somewhere in the middle.
The issue was whether a closely held corporation enjoys some or all of the religious protections of the First Amendment. Proponents of the Affordable Care Act argued that companies are not persons. Therefore, they don’t have individual rights. The Supreme Court disagreed. Writing for the majority, Justice Alito said “a corporation is simply a form of organization used by human beings to achieve desired ends.” Therefore, under the First Amendment, closely held corporations cannot be required to provide coverage for contraceptives in their health care plan if that violates their sincerely held religious beliefs.
Sounds simple, right? The implications, however, can be far-reaching. What if a company says it violates their religious beliefs to employ African-Americans? What if the company says it violates their religious beliefs to employ women? What if the company says it is against their religious belief to employ Christians? Taken to an extreme, the reasoning of the Hobby Lobby opinion could produce scary results. At least for now, the decision certainly does not go this far. It specifically acknowleges that it is a narrow holding.
It does raise a number of questions that those who celebrate the decision might want to consider. There are those with sincerely held religious beliefs who contend it is immoral to have blood transfusions. Does that mean that life-saving blood transfusions should be unavailable to employees of companies who are owned by individuals holding such beliefs? There are religions that believe it is immoral to have virtually any medical care. What happens to their employees?
These are questions that will have to wait for another day. They will surely, at some point, make their way through the courts.