Myths vs. Facts: Dispelling ‘Mis-Conceptions’ About the Hobby Lobby Ruling
The recent religious-freedom victory, handed down by the U.S. Supreme Court on June 30, gave pro-family advocates something to celebrate.
Yet, it also gave supporters of the ObamaCare abortion and contraceptive mandate another opportunity to portray the issue as part of a manufactured “War on Women.”
Opponents of the ruling, which affirms the religious-freedom rights of two privately held family businesses, want Hobby Lobby and Conestoga Wood Specialties to provide employees with possible-abortion causing drugs and devices, an action that would violate the employers deeply held religious beliefs.
As a result, half-truths, misconceptions and media spin continue to misrepresent the ruling in the public debate.
Since you’ve come to rely on Focus on the Family for its sound, biblical analysis on public policy issues, we want to set the record straight regarding five myths being circulated about the Hobby Lobby case. Then you can, in turn, educate others and engage the culture for Christ!
Myth #1: Women will have no access to contraceptives due to this ruling.
FACT #1: According to Forbes, nearly 90 percent of U.S. employers covered contraception without limitations. For those companies that do limit coverage, women are free to purchase contraceptives on their own. Additionally, there are sources (such as taxpayer-supported Planned Parenthood®) who distribute free or low cost contraception.
Myth #2: The U.S. Health and Human Services (HHS) mandated drugs and devises are so important to women’s health that all employer-provided medical coverage must include it.
FACT #2: Wrong. In fact the Obama Administration has already exempted employer plans covering more than 100 million Americans from complying with the HHS mandate. This proves two things: the government’s interest in providing “free” contraceptives is not the “compelling interest” it claims; and contraceptives are readily available, regardless of the government mandate.
Myth #3: Any company with religious objections can now stop providing contraceptives in their health plans.
FACT #3: Wrong. The decision only applies to Hobby Lobby, Mardel Christian Bookstores and Conestoga Wood Specialties. If and until the Administration changes the HHS contraceptive mandate, it will be up to any business that’s subject to the mandate to seek protection in federal court by filing a Religious Freedom Restoration Act (RFRA) lawsuit of its own.
Myth #4: The Hobby Lobby decision will allow any closely held corporation to opt out of any health-care requirements they dislike on religious grounds, including immunizations and blood transfusions; or allow them to discriminate on the basis of race.
FACT #4: Untrue. U.S. Supreme Court Justice Samuel Alito, in his opinion for the majority of the Court, specifically stated that this decision was limited to the contraceptive mandate, and religious objections to other medications or procedures may be subject to a different analysis with a different outcome.
Myth #5: NPR reports that 9 out of every 10 businesses in America qualifies as a “closely held” company, implying there could be an avalanche of companies “opting out” of various things required of employers by law, simply by claiming a religious objection.
FACT #5: False. RFRA has been around for more 20 years and nothing of the sort has occurred up to this point. Every religious objection made by a family owned corporation or individual is subject to the same balancing test that RFRA has always required, and each must be tested in court. The “avalanche” claim is merely hyperbole and totally contrary to the actual history of RFRA since 1993.
Please continue to pray for—and support—the Green (Hobby Lobby and Mardel Christian bookstores) and Hahn (Conestoga Wood Specialties) families, as they live out their faith in the marketplace. And, we encourage you to share this information with others, as we endeavor to protect religious freedom in our nation.
Next In This Series: The Religious Freedom Restoration Act
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ABOUT THE AUTHOR
Bruce Hausknecht, J.D., is an attorney who serves as Focus on the Family’s judicial analyst. He is responsible for research and analysis of legal and judicial issues related to Christians and the institution of the family, including First Amendment freedom of religion and free speech issues, judicial activism, marriage, homosexuality and pro-life matters. He also tracks legislation and laws affecting these issues. Prior to joining Focus in 2004, Hausknecht practiced law for 17 years in construction litigation and as an associate general counsel for a large ministry in Virginia. He was also an associate pastor at a church in Colorado Springs for seven years, primarily in worship music ministry. Hausknecht has provided legal analysis and commentary for top media outlets including CNN, ABC News, NBC News, CBS Radio, The New York Times, the Chicago Tribune, The Washington Post, The Washington Times, the Associated Press, the Los Angeles Times, The Wall Street Journal, the Boston Globe and BBC radio. He’s also a regular contributor to The Daily Citizen. He earned a bachelor’s degree in history from the University of Illinois and his J.D. from Northwestern University School of Law. Hausknecht has been married since 1981 and has three adult children, as well as three adorable grandkids. In his free time, Hausknecht loves getting creative with his camera and capturing stunning photographs of his adopted state of Colorado.
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