Burwell v. Hobby Lobby Stores, Inc.

Yet another thing has pushed back my planned post, but this seems like it’s more important. As you all know, it’s Supreme Court decision announcement time. I tend to watch the decisions coming out, especially if there will be long-lasting repercussions. Which brings us to Monday’s decision in the Hobby Lobby case.

Lets just get my stance out of the way right now. I believe religion is private and everyone’s beliefs are different. I myself identify as a non-dominant sect of a religious minority, so compromise is a pretty big part of my belief system just by necessity.  Business and the economy is regulated by the government, so compliance with public policy is a state matter. I also don’t agree that business owners should impose their religious beliefs on their employees because it breaks the doctrine of separation of church and state established in our Bill of Rights. I can almost guarantee that I won’t be of the same religious background of my peers and possible employers, so to protect my rights this is one doctrine that I will fight for to my dying breath.

Sort of my life's mantra, if you will.

On a slightly more personal note, I myself am pro-choice but I respect people with opposing views if they are willing to participate in meaningful discussion. And by meaningful discussion, I mean nobody devolves into calling the other a baby killer or a godless heathen. I myself use hormonal birth control for medical reasons, and have been called some pretty horrible names at the pharmacy just for picking it up. It’s an important step towards equality to allow women to have easy access to birth control without stigma, and I don’t believe it’s right that you can be medically covered for Viagra and not for something that prevents ovarian cysts. I understand if religious institutions don’t want to cover it, but for-profit businesses are around to make a profit and should not force their ways into their employees private lives and decisions. Everyone’s religious beliefs are different.

So when I saw the Hobby Lobby decision, I had a few reactions. First, just reading the vote and basic description of the decision.

Then I saw who wrote it.

Alito and I aren't on speaking terms.

And then I saw exactly what the implications were.

So yeah, I was a bit pissed. But then I got to thinking of why I was so ticked off. It wasn’t that it was another moral attack on female rights. I left Catholicism long ago because of extreme versions of that, and we’ve been living through a majority Republican House lashing out at feminist advances in equality, no matter how meager they are. I’ve learned to deal with that in a way that doesn’t get a 10 on my rage-o-meter. It’s not that some of the opinions and testimony for Hobby Lobby ignore some basic biological facts of human reproduction, although that’s pretty bad (Birth control is as bad as abortion? Seriously?) But yet again, something I’m getting used to and able to laugh at. No, I think I finally figured out what it is.

The decision is giving preferential treatment to one religion’s beliefs over that of its employees in the public market, and is directly effecting their lives. It’s a direct violation of the Separation clause.

Just because you have the right to practice your religion doesn't mean the rest of us have to believe the same things.

Hobby Lobby is a privately owned company with public holdings in the stock market. That makes it open to government regulations based on economic grounds. The Affordable Care Act is an economic regulation to help guarantee public health for all employees, and to help alleviate individual economic strain in obtaining basic health care. That includes primary care for women, including multiple forms of birth control. Religious organizations are allowed to be exempt if it directly contradicts the beliefs of the organization, but those organizations are mostly non-profit by nature. A purely for-profit organization does not apply for the exemptions. Until now.

There’s a fee for those corporations that do not want to provide health care that includes birth control, which is what Hobby Lobby built its case on. They claimed that it would put an undue financial burden on the company and it was religious extortion. Granted, they would’ve had to pay $475 million per year for not complying. But it also wasn’t costing them anything to choose a healthcare plan that did not include the forms they were against that were grandfather-claused into the possible plan choices. It did not cost them anything to add birth control to their plans, because it was covered by the insurance company itself. The decision just expanded the concept of corporate personhood, which I inherently don’t agree with.

So a corporation is now enforcing its religious beliefs on its employees. And this decision made it possible for others to do the same. But what can we do?

Well the first is obvious and immediate. Show your disapproval by not shopping there anymore. This is a for-profit corporation, and there are plenty of other places to get your hobby supplies. Even if you can’t find a brick and mortar store in your area, the internet is a beautiful thing. A hit in profits can help show that we are not happy and will not stand for it. I will feel sorry for employees that may possibly get laid off, but after seeing exactly what kind of company they’re working for it may be the best chance they have for seeking other employment.

The long-term game is a bit more intensive. It is very unlikely to impeach a Supreme Court Justice. The first and only successful impeachment was of Samuel Chase, who was appointed by George Washington himself and was impeached during Jefferson’s presidency. It’s pretty safe to say that it isn’t going to happen anytime soon.

Signer of the Declaration, only Supreme Court Justice Impeached in History.

But there is still hope! The Supreme Court may not change its decisions quickly, but there is a window of time where it is much more likely. Within the first 20 years, before an entire generation grew up with the statute, is the sweet spot for new statutes to change. Especially with a change in Justices. Within that time, there’s sure to be at least one spot open, either from a justice retiring or just passing on while in office. Which means we have to be very careful with who we elect in the next three senate elections and presidential elections.

The Presidential election’s importance is obvious. They choose the candidate. And if we assume that a candidate will win their second term election (a very easy bet), that means we will have to look out for the next 3 elections. The Senate elections are a bit more subtle. While the President chooses, the Senate has to confirm. And a Senator’s seat is something that is a lot more easily controlled through elections than a President.

So how do you keep tabs on your local Senator? First, make sure you know which one is yours. There are plenty of places online that can help you figure out which Senator is yours based on your ZIP code that are anonymous and free. I recommend OpenCongress.org.

http://www.opencongress.org/people/zipcodelookup

With that, you can track down your Senator’s voting history through roll call votes. Because it can be a bit difficult to navigate the site directly for the US Senate, I recommend GovTrack.us. There you can track individual bills or the voting records of your particular representative. I highly recommend it for keeping tabs on exactly what your congressional representatives are doing. https://www.govtrack.us/congress/members

After that, it’s up to your own discretion. Do you feel like your Senator is actually representing you? If so, by all means keep voting for them. But if not, then when it becomes election season it’s time to do some serious research into the other candidates. What are their voting records? If they’re from state or local government, how they voted on issues is a matter of public record. There is also the factor of campaign contributions. Now that can be a lot harder to find, but https://www.opensecrets.org/ makes it a lot easier. You can even search for people running for office to see who has contributed to their campaign, and there are profiles on who contributes. Just make sure you’re well informed.

And for those of you negatively influenced by the decision, I urge you to keep every official record and evidence of how it affects you. Find others who are similarly affected, and join together. Make your voice heard, and contact pro-bono legal counsel for your options. Be this statute’s Edie Windsor. My heart goes out to you.

For the rest of us, I know that this isn’t exactly nerdy but we need to get active. The constitution was just attacked in a way that benefits corporations over individual citizens. In this case, Hobby Lobby is the big name. Now I’m not saying we should stoop to their level...but if you want to express your opinion about their policies and your future purchasing choices, direct all letters or calls to:

Hobby Lobby Stores, Inc.

7707 S.W. 44th Street

Oklahoma City, OK 73179

Phone Number: (405) 745-1100

And the link to their customer service email form is: http://www.hobbylobby.com/customer_service/contact_us_form.cfm?company=1&addr=1&dept=1&mypage=1

Keep your eyes open, everyone. The long term-method I gave you above can help fight a lot of wrongs if we learn to use it correctly, but it doesn’t fight all of them. Be ready to fight for what you truly believe, and actively pursue what needs to be done. But don’t forget to respect another person’s beliefs. If you just deny the possibility that what you believe may hurt another person, nothing will change. And we need to change things.

Lets make sure those changes are all for the better.