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Hobby Lobby Won’t Comply…Despite $1.3 Million Daily Non-Compliance Fine

So, according to the Department of Justice, Americans lose their religious liberty when they go into business and thus, must forsake their conscience and comply with the requirement to provide abortifacient drugs in the health care plans they provide to their employees beginning January 1, 2013. That was the response from DOJ when the Hobby Lobby filed suit in September to get relief from the Health and Human Services mandate in Obamacare. Here’s a snippet from the Becket Fund For Religious Liberty — a non-profit, public-interest legal firm representing Hobby Lobby:

Washington, DC – Hobby Lobby continues its battle for religious freedom following a brief filed on Monday by the Department of Justice, asserting the company gives up its religious freedom when going into business.

“That’s a startling and disturbing claim for our government to make. The Green family is asking to continue to live their faith by not paying for drugs that might cause abortions,” said Lori Windham, Senior Counsel for the Becket Fund for Religious Liberty. “They’re not objecting to all forms of birth control, and they want to continue to provide good health care and good wages for their employees. But that’s not enough for the federal government. They claim that the Greens must comply—and pay for abortion-causing drugs—or pay millions of dollars in fines.”

The government’s brief argues that you don’t have any constitutional religious freedom rights as a businessperson.

While the Becket Fund will continue to appeal this case, The Hobby Lobby has been denied relief from the abortifacient requirement twice by the federal courts including an emergency appeal to the Supreme Court. They must now comply with the requirement beginning January 1 or face daily fines of up to $1.3 million.

Despite the coercive bullying of the federal government, Hobby Lobby — whose owners and founders are devout Christians — is standing strong and will not comply.

Jesus said a lot of startling things to his followers about the price one would pay to follow him. “Those who seek to save their lives, shall lose it. And those who lose their lives for my sake, shall find it.”

I hope and pray that the owners of Hobby Lobby do not lose their business due to the fines they incur for taking a stand and refusing to comply with an unconstitutional mandate. But if they do, they are to be commended for being willing to pay the price to honor God — no matter what the federal government does to them.

COMMENTS

  • checkmate2012

    wcp, this is a very sad outcome for Hobby Lobby. Luckily they can continue their appeal but at what cost? Since they’re standing their ground, we’ll see if the feds impose the penalities are turn the heads like they do for other laws, but doubt it on this. Somehow a corporation can exercise it’s 1st Amendment rights to fund policians but the same corporaton can’t exercise it’s freedom of religion in how they run their business. We need a Hobby Lobby support day like Chic-Fil-A!

    Some good news for religious colleges in a circuit court, telling the feds to rewrite the bill to give these schools a reprieve:

    http://www.firstamendmentcenter.org/d-c-circuit-orders-feds-to-rewrite-part-of-health-care-law “D.C. Circuit orders feds to rewrite part of health-care law”
    Associated Press Wire Report, Thursday, December 20, 2012

    “Belmont Abbey sued the federal government over the Affordable Care Act requirement that employers must provide free contraceptives in their employee insurance plans. A three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia ordered the federal government to re-write the law so it does not force religious institutions to offer contraceptives.”

    • westcoastpatriette

      It is sad, checkmate, on so many levels. What part of, “Congress shall make no law…prohibiting the free exercise of religion” don’t they understand? And what kind of government would impose $1.3 million per-day fines on businesses for non-compiance? An evil one is the only answer I can come up with. Evil people with evil motives. And it’s scary that two federal courts refused to grant even temporary relief to Hobby Lobby until the case is appealed. This is definitely not the America I grew up in.

      • checkmate2012

        Evil is right and it’s another step closer to the destruction of our beloved country. Hope you liked the good news at least :(

        • westcoastpatriette

          Sorry, yes, I liked the good news. At least there are some courts doing the right thing.

  • Dave_A

    They were never going to win the injunction request… Regardless of which justice wrote the denial.

    Essentially, what has happened to Hobby Lobby is the Supreme Court told them to follow the normal procedure, because absent extreme/emergency circumstances (think Bush v Gore) the Supreme Court never grants this sort of injunction.

    So Hobby Lobby has to let the Circuit Court rule, and then if they lose take the case to SCOTUS. If they win, the Obama Admin will no doubt appeal.

    As for funding, most of these national-precedent-seeking cases are actually financed by 3rd-party interest groups like Beckett or ADF.

    There are a HUGE number of cases like this nationwide (most by elements of the Catholic Church) so it is likely that at least ONE will make it to the Supreme Court.

    • westcoastpatriette

      Not really following your logic, there. $1.3 million fine per day for non-compliance is not an extreme/emergency?

      • commonsenseobserver

        Not to SCOTUS, I guess.

        • jimmyg

          The Court found that the plaintiff Hobby Lobby Inc. is the entity which is required to provide the ACA health care plan, not the Greens, who are stockholders in that company. It then found that a secular. for profit corporation, such as Hobby Lobby Inc., does not have, nor did the Court find any precedent for a secular, for profit corporation to have a constitutional right to the free exercise of religion. If Hobby Lobby was a religious corporation or a church, the Court would have likely granted their petition for relief. You can read the entire opinion here http://scholar.google.com/scholar_case?case=11193347871033276555&q=hobby+lobby+v.+sebelius&hl=en&as_sdt=2,14&as_vis=1

          Judge Joe Heaton,who was the Judge presiding is from the Western District of OK, and was nominated to the Court by Pres George W. Bush.

          • westcoastpatriette

            Thanks for the clarification. Interesting reasoning.

          • checkmate2012

            jimmyg, I agree with your synopsis, but still don’t see how it squares with the Citizen’s United decision wherein a corporation can exercise it’s 1st Amendment rights to fund policians but the same corporaton can’t exercise it’s freedom of religion in how they run their business. Any thoughts on the District Court decision (not the SCOTUS decision)?

          • commonsenseobserver

            It does seem illogical.
            We’ll have to wait and see.

          • jimmyg

            The Court stated as follows as to the rights enjoyed by Corporations:

            “Corporations have constitutional rights in some circumstances, such as the right to free speech, but the rights of corporate persons and natural persons are not coextensive. Courts have not extended all constitutional rights to all corporations. Corporations do not possess a “right to exercise a privilege against self-incrimination.” Application to Enforce Admin.Subpoenas Duces Tecum of the § v. Knowles, 87 F.3d 413, 416 n.3 (10th Cir.1996), They have been denied “[c]ertain `purely personal’ guarantees … because the `historic function’ of the particular guarantee has been limited to the protection of individuals.” First Nat’l Bank of Boston v. Bellotti, 435 U.S. 765, 778 n. 14 (1978) (citing United States v. White, 322 U.S. 694, 698-701 (1944)). “Whether or not a particular guarantee is `purely personal’ or is unavailable to corporations for some other reason depends on the nature, history, and purpose of the particular constitutional provision.” Id.

            The purpose of the free exercise clause is “to secure religious liberty in the individual by prohibiting any invasions thereof by civil authority.” Sch. Dist. of Abington Twp. v. Schempp, 374 U.S. 203, 223 (1963) (emphasis added). Churches and other religious organizations or religious corporations have been accorded protection under the free exercise clause, see Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, ___ U.S. ___, ___, 132 S.Ct. 694, 706 (2012); Lukumi, 508 U.S. at 531-32, because believers “exercise their religion through religious organizations.” Corp. of Presiding Bishop of Church of Jesus Christ of Latter-day Saints v. Amos, 483 U.S. 327, 341 (1987) (BRENNAN, J. concurring) (internal quotations omitted). However, HobbyLobby and Mardel are not religious organizations. Plaintiffs have not cited, and the court has not found, any case concluding that secular, for-profit corporations such asHobby Lobby and Mardel have a constitutional right to the free exercise of religion.See Anselmo v. Cnty. of Shasta, ___ F.Supp.2d ___, 2012 WL 2090437, at *12 (E.D.Cal 2012) (“Although corporations and limited partnerships have broad rights, the court has been unable to find a single RLUIPA case protecting the religious exercise rights of a non-religious organization such as Seven Hills.”).[10] The court concludes plaintiffs Hobby Lobby and Mardel do not have constitutional free exercise rights as corporations and that they therefore cannot show a likelihood of success as to any constitutional claims they may assert. Plaintiffs’ ability to show a likelihood of success therefore depends on evaluation of the claims of the individual plaintiffs — the Greens.”

          • checkmate2012

            Thank you jimmyg! Not that I understand it all but it helps but still don’t see how it squares with the Citizen’s United decision- seems O always wins, sadly.

          • commonsenseobserver

            So, basically, a lot of legal mumbo jumbo and technicalities and bizarre reasoning.

  • rogershru2

    It makes me so angry that you have to be a religious corporation or church to religious freedom. All citizens have the right to exercise religion, without being a part of a large entity with lobbyists like the Catholic Church. If I own a business I should not be forced to operate it in a way that violates my conscience: because it’s my business, and I have the right to do so. Just as much as the Catholic Church.

    • westcoastpatriette

      Totally agree. The way the courts split hairs sometimes betrays common sense.

  • checkmate2012

    “Federal judge halts Obama birth-control policy for Domino’s Pizza founder”. Still some hope!
    http://thehill.com/blogs/healthwatch/legal-challenges/275015-judge-halts-birth-control-policy-for-dominos-founder

    • westcoastpatriette

      Good. The more judges who rule like that the better. Sorry, I don’t buy that we leave our religious liberty at the door just because we go into business. Believers don’t splice up their life into secular and sacred. Everything is sacred to us because we live for God 24/7. Thanks for sharing this.