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2014-03-28 12:20 PM
in reply to: dmiller5

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Subject: RE: Hobby Lobby claiming religious freedom and the ACA

Why do people think that their religion gives them to right to not follow the laws of this country. It doesn't.



2014-03-28 12:20 PM
in reply to: Jackemy1

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Subject: RE: Hobby Lobby claiming religious freedom and the ACA

Originally posted by Jackemy1
Originally posted by mehaner

i think possibly an individual having a religious exemption makes sense.

but i think it is dangerous territory to allow an employer/provider to have religious exemptions.  there are religions that don't believe in ANY medical intervention at all.  

Should a business owned by a Quaker be forced to manufacturer parts for tanks? Should a Jewish deli owner be forced to serve non-kosher food? Should a restaurant owned by Muslims be required to have pork on the menu? Or are faith based moral convictions only dangerous when you don't agree with them?

Apples and oranges, so to speak. How about asking it this way: Should a franchise owner be required to serve a standardized menu, if their religious beliefs come into conflict with an item on that menu. The obvious answer is yes. They themselves don't have to eat it. 

2014-03-28 1:04 PM
in reply to: Jackemy1

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Subject: RE: Hobby Lobby claiming religious freedom and the ACA

Originally posted by Jackemy1
Originally posted by dmiller5

Originally posted by Jackemy1
Originally posted by mehaner

i think possibly an individual having a religious exemption makes sense.

but i think it is dangerous territory to allow an employer/provider to have religious exemptions.  there are religions that don't believe in ANY medical intervention at all.  

Should a business owned by a Quaker be forced to manufacturer parts for tanks? Should a Jewish deli owner be forced to serve non-kosher food? Should a restaurant owned by Muslims be required to have pork on the menu? Or are faith based moral convictions only dangerous when you don't agree with them?

be careful with your examples. there is a difference between a sole proprietorship and a corporation

So people who assemble together for a common business interest must do so with the understanding that they leave their religious freedoms at the door? I just don't think an individual loses their rights if they join a group even if that group is a business....or a union...or a protest. Just to throw this out there....most corporations, including mine, are privately held with only one or a couple of owners.. Back to my questioning of the dangers of religion in business. There is a distinct hypocrisy to the moral relativism of the argument to suppress ones personal convictions. "I am tolerant of your beliefs as long as they are the same beliefs as mine"

 

This is the crux of the issue... I can't seem to reconcile how an owner can operate a business for the public and claim personal protections. ANY business owner is entering into an implied agreement... that he will provide services to a "the public". When you open yourself up to the public, there are problems that come with them.

I don't think th Green's should have to close... but they are NOT Hobby Lobby, they are the Greens that conduct their lives according to their faith. They are having abortions, they are not using contraceptives or abortion pills... and nobody is making them. That is THEIR religious freedom.

Hobby Lobby isn't even being forced to provide those thing, they are given a choice. Provide a plan with those things in it, or opt out and pay the tax just like every other American. They have a choice. They also have the CHOICE to do business in the public square and all that comes with that, or not. It's a choice.

This is no different that the baker refusing to bake the cake... they specifically did it because they were gay, and there was a specific law that said you can't do that... it's a choice. Either agree to the terms or don't.

 

What I can't seem to grasp.. and please explain... is how The Green's individual religious freedom is being infringed in any way. Because the Greens can practice their religion how ever they choose. The Greens are free.

2014-03-28 1:43 PM
in reply to: powerman

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Subject: RE: Hobby Lobby claiming religious freedom and the ACA

Originally posted by powerman

Originally posted by Jackemy1
Originally posted by dmiller5

Originally posted by Jackemy1
Originally posted by mehaner

i think possibly an individual having a religious exemption makes sense.

but i think it is dangerous territory to allow an employer/provider to have religious exemptions.  there are religions that don't believe in ANY medical intervention at all.  

Should a business owned by a Quaker be forced to manufacturer parts for tanks? Should a Jewish deli owner be forced to serve non-kosher food? Should a restaurant owned by Muslims be required to have pork on the menu? Or are faith based moral convictions only dangerous when you don't agree with them?

be careful with your examples. there is a difference between a sole proprietorship and a corporation

So people who assemble together for a common business interest must do so with the understanding that they leave their religious freedoms at the door? I just don't think an individual loses their rights if they join a group even if that group is a business....or a union...or a protest. Just to throw this out there....most corporations, including mine, are privately held with only one or a couple of owners.. Back to my questioning of the dangers of religion in business. There is a distinct hypocrisy to the moral relativism of the argument to suppress ones personal convictions. "I am tolerant of your beliefs as long as they are the same beliefs as mine"

 

This is the crux of the issue... I can't seem to reconcile how an owner can operate a business for the public and claim personal protections. ANY business owner is entering into an implied agreement... that he will provide services to a "the public". When you open yourself up to the public, there are problems that come with them.

I don't think th Green's should have to close... but they are NOT Hobby Lobby, they are the Greens that conduct their lives according to their faith. They are having abortions, they are not using contraceptives or abortion pills... and nobody is making them. That is THEIR religious freedom.

Hobby Lobby isn't even being forced to provide those thing, they are given a choice. Provide a plan with those things in it, or opt out and pay the tax just like every other American. They have a choice. They also have the CHOICE to do business in the public square and all that comes with that, or not. It's a choice.

This is no different that the baker refusing to bake the cake... they specifically did it because they were gay, and there was a specific law that said you can't do that... it's a choice. Either agree to the terms or don't.

 

What I can't seem to grasp.. and please explain... is how The Green's individual religious freedom is being infringed in any way. Because the Greens can practice their religion how ever they choose. The Greens are free.

this x1000

2014-03-28 1:54 PM
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Subject: RE: Hobby Lobby claiming religious freedom and the ACA
Originally posted by dmiller5

Originally posted by powerman

Originally posted by Jackemy1
Originally posted by dmiller5

Originally posted by Jackemy1
Originally posted by mehaner

i think possibly an individual having a religious exemption makes sense.

but i think it is dangerous territory to allow an employer/provider to have religious exemptions.  there are religions that don't believe in ANY medical intervention at all.  

Should a business owned by a Quaker be forced to manufacturer parts for tanks? Should a Jewish deli owner be forced to serve non-kosher food? Should a restaurant owned by Muslims be required to have pork on the menu? Or are faith based moral convictions only dangerous when you don't agree with them?

be careful with your examples. there is a difference between a sole proprietorship and a corporation

So people who assemble together for a common business interest must do so with the understanding that they leave their religious freedoms at the door? I just don't think an individual loses their rights if they join a group even if that group is a business....or a union...or a protest. Just to throw this out there....most corporations, including mine, are privately held with only one or a couple of owners.. Back to my questioning of the dangers of religion in business. There is a distinct hypocrisy to the moral relativism of the argument to suppress ones personal convictions. "I am tolerant of your beliefs as long as they are the same beliefs as mine"

 

This is the crux of the issue... I can't seem to reconcile how an owner can operate a business for the public and claim personal protections. ANY business owner is entering into an implied agreement... that he will provide services to a "the public". When you open yourself up to the public, there are problems that come with them.

I don't think th Green's should have to close... but they are NOT Hobby Lobby, they are the Greens that conduct their lives according to their faith. They are having abortions, they are not using contraceptives or abortion pills... and nobody is making them. That is THEIR religious freedom.

Hobby Lobby isn't even being forced to provide those thing, they are given a choice. Provide a plan with those things in it, or opt out and pay the tax just like every other American. They have a choice. They also have the CHOICE to do business in the public square and all that comes with that, or not. It's a choice.

This is no different that the baker refusing to bake the cake... they specifically did it because they were gay, and there was a specific law that said you can't do that... it's a choice. Either agree to the terms or don't.

 

What I can't seem to grasp.. and please explain... is how The Green's individual religious freedom is being infringed in any way. Because the Greens can practice their religion how ever they choose. The Greens are free.

this x1000




Except I don't think the Greens are having abortions ;)

Edited by JoshR 2014-03-28 2:01 PM
2014-03-28 2:18 PM
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Subject: RE: Hobby Lobby claiming religious freedom and the ACA

Originally posted by JoshR  Except I don't think the Greens are having abortions

I just read that... ya, missed the NOT.

 

Geezzz.... talk about hypocrites....



Edited by powerman 2014-03-28 2:18 PM


2014-03-28 4:06 PM
in reply to: dmiller5

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Subject: RE: Hobby Lobby claiming religious freedom and the ACA

Originally posted by dmiller5

Originally posted by tuwood

Originally posted by dmiller5

Originally posted by Jackemy1
Originally posted by mehaner

i think possibly an individual having a religious exemption makes sense.

but i think it is dangerous territory to allow an employer/provider to have religious exemptions.  there are religions that don't believe in ANY medical intervention at all.  

Should a business owned by a Quaker be forced to manufacturer parts for tanks? Should a Jewish deli owner be forced to serve non-kosher food? Should a restaurant owned by Muslims be required to have pork on the menu? Or are faith based moral convictions only dangerous when you don't agree with them?

be careful with your examples. there is a difference between a sole proprietorship and a corporation

In the context of this discussion I don't think there really is.  I own a corporation and at the end of the year when I finish buying out my partner I will be the only shareholder with 100% of the stock/ownership even though it's a corporation.  
The only difference between a "Sole Proprietor" company and a corporation is how the income and taxes are accounted for as well as your legal protections. If i'm not incorporated and my business fails then the creditors can come after my personal assets.  Hence everyone incorporates.  We're an S-Corp specifically. 
Many churches incorporate as well and they were granted a waiver, so I don't think being incorporated or not has any merit to this case.

 

You have made my point. Incorporating creates a legal barrier between yourself and your corporation. If the corporation has problems, it is considered a separate entity from you. It should go both ways. Your corporation does not have religious beliefs; it is separate from you. No one is making you do anything against your religion, the corporation must simply abide by the laws that say it must provide a certain type of healthcare for its full time employees if it is above a certain size.

Just so I understand you correctly, you're OK with a business owned by an individual that is not incorporated to have religious freedom at work, but not ok with it if he incorporates?  

The last I checked the constitution applied to individuals and those rights don't get checked at the door when you incorporate a business.
Is the inverse also true that I can trample individual constitutional rights of my employees if I'm a sole proprietor, but can't when I incorporate?

As I mentioned earlier this is a case of first impression because the supreme court has never ruled in regards to how much individual constitutional protections convey to a business they own.  It could go either way for sure, but there's no question each one of us have all of our individual constitutional rights as an employee no matter what type of company we work for and the owner has his as well.  The gray area for the courts to decide is where are those lines.

I'm genuinely curious to how they'll rule.

2014-03-28 4:10 PM
in reply to: powerman

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Subject: RE: Hobby Lobby claiming religious freedom and the ACA

Originally posted by powerman

Originally posted by Jackemy1
Originally posted by dmiller5

Originally posted by Jackemy1
Originally posted by mehaner

i think possibly an individual having a religious exemption makes sense.

but i think it is dangerous territory to allow an employer/provider to have religious exemptions.  there are religions that don't believe in ANY medical intervention at all.  

Should a business owned by a Quaker be forced to manufacturer parts for tanks? Should a Jewish deli owner be forced to serve non-kosher food? Should a restaurant owned by Muslims be required to have pork on the menu? Or are faith based moral convictions only dangerous when you don't agree with them?

be careful with your examples. there is a difference between a sole proprietorship and a corporation

So people who assemble together for a common business interest must do so with the understanding that they leave their religious freedoms at the door? I just don't think an individual loses their rights if they join a group even if that group is a business....or a union...or a protest. Just to throw this out there....most corporations, including mine, are privately held with only one or a couple of owners.. Back to my questioning of the dangers of religion in business. There is a distinct hypocrisy to the moral relativism of the argument to suppress ones personal convictions. "I am tolerant of your beliefs as long as they are the same beliefs as mine"

 

This is the crux of the issue... I can't seem to reconcile how an owner can operate a business for the public and claim personal protections. ANY business owner is entering into an implied agreement... that he will provide services to a "the public". When you open yourself up to the public, there are problems that come with them.

I don't think th Green's should have to close... but they are NOT Hobby Lobby, they are the Greens that conduct their lives according to their faith. They are having abortions, they are not using contraceptives or abortion pills... and nobody is making them. That is THEIR religious freedom.

Hobby Lobby isn't even being forced to provide those thing, they are given a choice. Provide a plan with those things in it, or opt out and pay the tax just like every other American. They have a choice. They also have the CHOICE to do business in the public square and all that comes with that, or not. It's a choice.

This is no different that the baker refusing to bake the cake... they specifically did it because they were gay, and there was a specific law that said you can't do that... it's a choice. Either agree to the terms or don't.

 

What I can't seem to grasp.. and please explain... is how The Green's individual religious freedom is being infringed in any way. Because the Greens can practice their religion how ever they choose. The Greens are free.

I kind of agree with you, but I think this opinion is based more on common sense than law.  The case boils down to what the actual law says (or is interpreted).

As a business owner I have a responsibility to provide a positive work environment while delivering a quality product to our customers.  I could care a less if my customer is drawing pentagrams in the back room.  Unless there's a danger to my employees, we provide equal services to everyone.

2014-03-31 10:29 AM
in reply to: powerman

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Subject: RE: Hobby Lobby claiming religious freedom and the ACA
Originally posted by powerman

Originally posted by Jackemy1 So people who assemble together for a common business interest must do so with the understanding that they leave their religious freedoms at the door? I just don't think an individual loses their rights if they join a group even if that group is a business....or a union...or a protest. Just to throw this out there....most corporations, including mine, are privately held with only one or a couple of owners.. Back to my questioning of the dangers of religion in business. There is a distinct hypocrisy to the moral relativism of the argument to suppress ones personal convictions. "I am tolerant of your beliefs as long as they are the same beliefs as mine"

 

This is the crux of the issue... I can't seem to reconcile how an owner can operate a business for the public and claim personal protections. ANY business owner is entering into an implied agreement... that he will provide services to a "the public". When you open yourself up to the public, there are problems that come with them.

I don't think th Green's should have to close... but they are NOT Hobby Lobby, they are the Greens that conduct their lives according to their faith. They are having abortions, they are not using contraceptives or abortion pills... and nobody is making them. That is THEIR religious freedom.

Hobby Lobby isn't even being forced to provide those thing, they are given a choice. Provide a plan with those things in it, or opt out and pay the tax just like every other American. They have a choice. They also have the CHOICE to do business in the public square and all that comes with that, or not. It's a choice.

This is no different that the baker refusing to bake the cake... they specifically did it because they were gay, and there was a specific law that said you can't do that... it's a choice. Either agree to the terms or don't.

 

What I can't seem to grasp.. and please explain... is how The Green's individual religious freedom is being infringed in any way. Because the Greens can practice their religion how ever they choose. The Greens are free.




It doesn't matter if Hobby Lobby is a religious organization. It is irrelevant. No where in the first amendment does it restrict religious protections to only religious organizations.

So in the end it doesn't matter how religious we think someone or some group is to qualify for religious freedom.

The owners own the business. They purchase the plans. They make the decision. If employees and customers run for the hills because of their decision....so be it.






2014-03-31 10:47 AM
in reply to: Jackemy1

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Subject: RE: Hobby Lobby claiming religious freedom and the ACA

 

Originally posted by Jackemy1
Originally posted by powerman

Originally posted by Jackemy1 So people who assemble together for a common business interest must do so with the understanding that they leave their religious freedoms at the door? I just don't think an individual loses their rights if they join a group even if that group is a business....or a union...or a protest. Just to throw this out there....most corporations, including mine, are privately held with only one or a couple of owners.. Back to my questioning of the dangers of religion in business. There is a distinct hypocrisy to the moral relativism of the argument to suppress ones personal convictions. "I am tolerant of your beliefs as long as they are the same beliefs as mine"

 

This is the crux of the issue... I can't seem to reconcile how an owner can operate a business for the public and claim personal protections. ANY business owner is entering into an implied agreement... that he will provide services to a "the public". When you open yourself up to the public, there are problems that come with them.

I don't think th Green's should have to close... but they are NOT Hobby Lobby, they are the Greens that conduct their lives according to their faith. They are having abortions, they are not using contraceptives or abortion pills... and nobody is making them. That is THEIR religious freedom.

Hobby Lobby isn't even being forced to provide those thing, they are given a choice. Provide a plan with those things in it, or opt out and pay the tax just like every other American. They have a choice. They also have the CHOICE to do business in the public square and all that comes with that, or not. It's a choice.

This is no different that the baker refusing to bake the cake... they specifically did it because they were gay, and there was a specific law that said you can't do that... it's a choice. Either agree to the terms or don't.

 

What I can't seem to grasp.. and please explain... is how The Green's individual religious freedom is being infringed in any way. Because the Greens can practice their religion how ever they choose. The Greens are free.

It doesn't matter if Hobby Lobby is a religious organization. It is irrelevant. No where in the first amendment does it restrict religious protections to only religious organizations. So in the end it doesn't matter how religious we think someone or some group is to qualify for religious freedom. The owners own the business. They purchase the plans. They make the decision. If employees and customers run for the hills because of their decision....so be it.

The constitution does not say you have the right not to follow a law because you don't like it, it says that it cannot force you to do something in violation of your religion. This law does not do that. No one is force feeding birth control pills to the owners. Since when is it the owner's decision whether their employees  should be able to use birth control?

2014-03-31 11:47 AM
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Subject: RE: Hobby Lobby claiming religious freedom and the ACA
Originally posted by dmiller5

 

Originally posted by Jackemy1
Originally posted by powerman

Originally posted by Jackemy1 So people who assemble together for a common business interest must do so with the understanding that they leave their religious freedoms at the door? I just don't think an individual loses their rights if they join a group even if that group is a business....or a union...or a protest. Just to throw this out there....most corporations, including mine, are privately held with only one or a couple of owners.. Back to my questioning of the dangers of religion in business. There is a distinct hypocrisy to the moral relativism of the argument to suppress ones personal convictions. "I am tolerant of your beliefs as long as they are the same beliefs as mine"

 

This is the crux of the issue... I can't seem to reconcile how an owner can operate a business for the public and claim personal protections. ANY business owner is entering into an implied agreement... that he will provide services to a "the public". When you open yourself up to the public, there are problems that come with them.

I don't think th Green's should have to close... but they are NOT Hobby Lobby, they are the Greens that conduct their lives according to their faith. They are having abortions, they are not using contraceptives or abortion pills... and nobody is making them. That is THEIR religious freedom.

Hobby Lobby isn't even being forced to provide those thing, they are given a choice. Provide a plan with those things in it, or opt out and pay the tax just like every other American. They have a choice. They also have the CHOICE to do business in the public square and all that comes with that, or not. It's a choice.

This is no different that the baker refusing to bake the cake... they specifically did it because they were gay, and there was a specific law that said you can't do that... it's a choice. Either agree to the terms or don't.

 

What I can't seem to grasp.. and please explain... is how The Green's individual religious freedom is being infringed in any way. Because the Greens can practice their religion how ever they choose. The Greens are free.

It doesn't matter if Hobby Lobby is a religious organization. It is irrelevant. No where in the first amendment does it restrict religious protections to only religious organizations. So in the end it doesn't matter how religious we think someone or some group is to qualify for religious freedom. The owners own the business. They purchase the plans. They make the decision. If employees and customers run for the hills because of their decision....so be it.

The constitution does not say you have the right not to follow a law because you don't like it, it says that it cannot force you to do something in violation of your religion. This law does not do that. No one is force feeding birth control pills to the owners. Since when is it the owner's decision whether their employees  should be able to use birth control?





The owners are not restricting their employees from using birth control. Employees of Hobby Lobby are absolutely free to make adult decisions about their own sex lives including the purchase and use of any various method of birth control.

I agree, no one is force feeding the Greens birth control. Yet you are demanding the use government force on an unwilling third-party, the Greens, to subsidize the sex life of their employees.

Since when did it change that your rights were infringed when you were punished expressing your sincerest beliefs to your rights being infringed when you want something and someone refuses to buy it for you?









Edited by Jackemy1 2014-03-31 11:49 AM


2014-03-31 12:07 PM
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Subject: RE: Hobby Lobby claiming religious freedom and the ACA

I have no idea if it's relevent, but this is the Political COJ so I figured we could use a graph or two in this discussion.  

 

 



Edited by Left Brain 2014-03-31 12:08 PM




(BC.gif)



Attachments
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2014-03-31 1:12 PM
in reply to: Left Brain

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Subject: RE: Hobby Lobby claiming religious freedom and the ACA

Originally posted by Left Brain

I have no idea if it's relevent, but this is the Political COJ so I figured we could use a graph or two in this discussion.  

 

 

I'm offended that you would put a graph in PCOJ.  ;-)

2014-03-31 4:18 PM
in reply to: Jackemy1

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Subject: RE: Hobby Lobby claiming religious freedom and the ACA

Originally posted by Jackemy1
Originally posted by powerman

Originally posted by Jackemy1 So people who assemble together for a common business interest must do so with the understanding that they leave their religious freedoms at the door? I just don't think an individual loses their rights if they join a group even if that group is a business....or a union...or a protest. Just to throw this out there....most corporations, including mine, are privately held with only one or a couple of owners.. Back to my questioning of the dangers of religion in business. There is a distinct hypocrisy to the moral relativism of the argument to suppress ones personal convictions. "I am tolerant of your beliefs as long as they are the same beliefs as mine"

 

This is the crux of the issue... I can't seem to reconcile how an owner can operate a business for the public and claim personal protections. ANY business owner is entering into an implied agreement... that he will provide services to a "the public". When you open yourself up to the public, there are problems that come with them.

I don't think th Green's should have to close... but they are NOT Hobby Lobby, they are the Greens that conduct their lives according to their faith. They are having abortions, they are not using contraceptives or abortion pills... and nobody is making them. That is THEIR religious freedom.

Hobby Lobby isn't even being forced to provide those thing, they are given a choice. Provide a plan with those things in it, or opt out and pay the tax just like every other American. They have a choice. They also have the CHOICE to do business in the public square and all that comes with that, or not. It's a choice.

This is no different that the baker refusing to bake the cake... they specifically did it because they were gay, and there was a specific law that said you can't do that... it's a choice. Either agree to the terms or don't.

 

What I can't seem to grasp.. and please explain... is how The Green's individual religious freedom is being infringed in any way. Because the Greens can practice their religion how ever they choose. The Greens are free.

It doesn't matter if Hobby Lobby is a religious organization. It is irrelevant. No where in the first amendment does it restrict religious protections to only religious organizations. So in the end it doesn't matter how religious we think someone or some group is to qualify for religious freedom. The owners own the business. They purchase the plans. They make the decision. If employees and customers run for the hills because of their decision....so be it.

No, it lays out individual rights, and government powers. It does not even specify Churches... because it is obvious it is about individual right. No where in the Constitution does it mention Corporation rights. Churches get a pass because well... that really is a group of people gathering for religion.

What is interesting is that the government has already made exceptions... so they hurt their own case doing it. You can't claim the importance of it... then say it's ok to ignore in other circumstances.

 

So then how is the option of opting out infringing on their religious freedom?

2014-03-31 6:19 PM
in reply to: powerman

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Subject: RE: Hobby Lobby claiming religious freedom and the ACA
Originally posted by powerman

Originally posted by Jackemy1
Originally posted by powerman

Originally posted by Jackemy1 So people who assemble together for a common business interest must do so with the understanding that they leave their religious freedoms at the door? I just don't think an individual loses their rights if they join a group even if that group is a business....or a union...or a protest. Just to throw this out there....most corporations, including mine, are privately held with only one or a couple of owners.. Back to my questioning of the dangers of religion in business. There is a distinct hypocrisy to the moral relativism of the argument to suppress ones personal convictions. "I am tolerant of your beliefs as long as they are the same beliefs as mine"

 

This is the crux of the issue... I can't seem to reconcile how an owner can operate a business for the public and claim personal protections. ANY business owner is entering into an implied agreement... that he will provide services to a "the public". When you open yourself up to the public, there are problems that come with them.

I don't think th Green's should have to close... but they are NOT Hobby Lobby, they are the Greens that conduct their lives according to their faith. They are having abortions, they are not using contraceptives or abortion pills... and nobody is making them. That is THEIR religious freedom.

Hobby Lobby isn't even being forced to provide those thing, they are given a choice. Provide a plan with those things in it, or opt out and pay the tax just like every other American. They have a choice. They also have the CHOICE to do business in the public square and all that comes with that, or not. It's a choice.

This is no different that the baker refusing to bake the cake... they specifically did it because they were gay, and there was a specific law that said you can't do that... it's a choice. Either agree to the terms or don't.

 

What I can't seem to grasp.. and please explain... is how The Green's individual religious freedom is being infringed in any way. Because the Greens can practice their religion how ever they choose. The Greens are free.

It doesn't matter if Hobby Lobby is a religious organization. It is irrelevant. No where in the first amendment does it restrict religious protections to only religious organizations. So in the end it doesn't matter how religious we think someone or some group is to qualify for religious freedom. The owners own the business. They purchase the plans. They make the decision. If employees and customers run for the hills because of their decision....so be it.

No, it lays out individual rights, and government powers. It does not even specify Churches... because it is obvious it is about individual right. No where in the Constitution does it mention Corporation rights. Churches get a pass because well... that really is a group of people gathering for religion.

What is interesting is that the government has already made exceptions... so they hurt their own case doing it. You can't claim the importance of it... then say it's ok to ignore in other circumstances.

 

So then how is the option of opting out infringing on their religious freedom?




Our rights are not laid out in a document - they are inalienable. They existed before the US Constitution and they will exist after.

Constitutional rights are the negative restraints place on the government. Constitutional rights acknowledge contractually with the citizens that government's power is not unlimited. The these restriction are in place whether it is an individual or a group of individuals who have formed a legal corporation to act. A person retains their individual right regardless of what collective form they take; the Sierra Club, a University, a Church, or even a corporation whose sole purpose is to make a profit.
2014-03-31 8:33 PM
in reply to: Jackemy1

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Subject: RE: Hobby Lobby claiming religious freedom and the ACA

Originally posted by Jackemy1
Originally posted by powerman

Originally posted by Jackemy1
Originally posted by powerman

Originally posted by Jackemy1 So people who assemble together for a common business interest must do so with the understanding that they leave their religious freedoms at the door? I just don't think an individual loses their rights if they join a group even if that group is a business....or a union...or a protest. Just to throw this out there....most corporations, including mine, are privately held with only one or a couple of owners.. Back to my questioning of the dangers of religion in business. There is a distinct hypocrisy to the moral relativism of the argument to suppress ones personal convictions. "I am tolerant of your beliefs as long as they are the same beliefs as mine"

 

This is the crux of the issue... I can't seem to reconcile how an owner can operate a business for the public and claim personal protections. ANY business owner is entering into an implied agreement... that he will provide services to a "the public". When you open yourself up to the public, there are problems that come with them.

I don't think th Green's should have to close... but they are NOT Hobby Lobby, they are the Greens that conduct their lives according to their faith. They are having abortions, they are not using contraceptives or abortion pills... and nobody is making them. That is THEIR religious freedom.

Hobby Lobby isn't even being forced to provide those thing, they are given a choice. Provide a plan with those things in it, or opt out and pay the tax just like every other American. They have a choice. They also have the CHOICE to do business in the public square and all that comes with that, or not. It's a choice.

This is no different that the baker refusing to bake the cake... they specifically did it because they were gay, and there was a specific law that said you can't do that... it's a choice. Either agree to the terms or don't.

 

What I can't seem to grasp.. and please explain... is how The Green's individual religious freedom is being infringed in any way. Because the Greens can practice their religion how ever they choose. The Greens are free.

It doesn't matter if Hobby Lobby is a religious organization. It is irrelevant. No where in the first amendment does it restrict religious protections to only religious organizations. So in the end it doesn't matter how religious we think someone or some group is to qualify for religious freedom. The owners own the business. They purchase the plans. They make the decision. If employees and customers run for the hills because of their decision....so be it.

No, it lays out individual rights, and government powers. It does not even specify Churches... because it is obvious it is about individual right. No where in the Constitution does it mention Corporation rights. Churches get a pass because well... that really is a group of people gathering for religion.

What is interesting is that the government has already made exceptions... so they hurt their own case doing it. You can't claim the importance of it... then say it's ok to ignore in other circumstances.

 

So then how is the option of opting out infringing on their religious freedom?

Our rights are not laid out in a document - they are inalienable. They existed before the US Constitution and they will exist after. Constitutional rights are the negative restraints place on the government. Constitutional rights acknowledge contractually with the citizens that government's power is not unlimited. The these restriction are in place whether it is an individual or a group of individuals who have formed a legal corporation to act. A person retains their individual right regardless of what collective form they take; the Sierra Club, a University, a Church, or even a corporation whose sole purpose is to make a profit.

So then how is the option they are provided of opting out infringing on their religious freedom?



2014-04-01 6:25 AM
in reply to: powerman

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Subject: RE: Hobby Lobby claiming religious freedom and the ACA

Originally posted by powerman

Originally posted by Jackemy1
Originally posted by powerman

Originally posted by Jackemy1
Originally posted by powerman

Originally posted by Jackemy1 So people who assemble together for a common business interest must do so with the understanding that they leave their religious freedoms at the door? I just don't think an individual loses their rights if they join a group even if that group is a business....or a union...or a protest. Just to throw this out there....most corporations, including mine, are privately held with only one or a couple of owners.. Back to my questioning of the dangers of religion in business. There is a distinct hypocrisy to the moral relativism of the argument to suppress ones personal convictions. "I am tolerant of your beliefs as long as they are the same beliefs as mine"

 

This is the crux of the issue... I can't seem to reconcile how an owner can operate a business for the public and claim personal protections. ANY business owner is entering into an implied agreement... that he will provide services to a "the public". When you open yourself up to the public, there are problems that come with them.

I don't think th Green's should have to close... but they are NOT Hobby Lobby, they are the Greens that conduct their lives according to their faith. They are having abortions, they are not using contraceptives or abortion pills... and nobody is making them. That is THEIR religious freedom.

Hobby Lobby isn't even being forced to provide those thing, they are given a choice. Provide a plan with those things in it, or opt out and pay the tax just like every other American. They have a choice. They also have the CHOICE to do business in the public square and all that comes with that, or not. It's a choice.

This is no different that the baker refusing to bake the cake... they specifically did it because they were gay, and there was a specific law that said you can't do that... it's a choice. Either agree to the terms or don't.

 

What I can't seem to grasp.. and please explain... is how The Green's individual religious freedom is being infringed in any way. Because the Greens can practice their religion how ever they choose. The Greens are free.

It doesn't matter if Hobby Lobby is a religious organization. It is irrelevant. No where in the first amendment does it restrict religious protections to only religious organizations. So in the end it doesn't matter how religious we think someone or some group is to qualify for religious freedom. The owners own the business. They purchase the plans. They make the decision. If employees and customers run for the hills because of their decision....so be it.

No, it lays out individual rights, and government powers. It does not even specify Churches... because it is obvious it is about individual right. No where in the Constitution does it mention Corporation rights. Churches get a pass because well... that really is a group of people gathering for religion.

What is interesting is that the government has already made exceptions... so they hurt their own case doing it. You can't claim the importance of it... then say it's ok to ignore in other circumstances.

 

So then how is the option of opting out infringing on their religious freedom?

Our rights are not laid out in a document - they are inalienable. They existed before the US Constitution and they will exist after. Constitutional rights are the negative restraints place on the government. Constitutional rights acknowledge contractually with the citizens that government's power is not unlimited. The these restriction are in place whether it is an individual or a group of individuals who have formed a legal corporation to act. A person retains their individual right regardless of what collective form they take; the Sierra Club, a University, a Church, or even a corporation whose sole purpose is to make a profit.

So then how is the option they are provided of opting out infringing on their religious freedom?

If they opt out the government will take $26M by force from them every year.  So, I don't think it's fair to say that they have an option to opt out.  In the context of religious freedom, it's like me paying the government $1000/year so they will let me go to church.

2014-04-01 6:41 AM
in reply to: tuwood

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Subject: RE: Hobby Lobby claiming religious freedom and the ACA

Originally posted by tuwood

 

If they opt out the government will take $26M by force from them every year.  So, I don't think it's fair to say that they have an option to opt out.  In the context of religious freedom, it's like me paying the government $1000/year so they will let me go to church.

But they already pay more than that in health care.... it's not a fine... it's a tax. 

Just like many other companies... they have the option to pay the tax, or supply health care. If they do not like the healthcare they must supply, then don't supply it. 

2014-04-01 8:03 AM
in reply to: powerman

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Subject: RE: Hobby Lobby claiming religious freedom and the ACA

Originally posted by powerman

Originally posted by tuwood

 

If they opt out the government will take $26M by force from them every year.  So, I don't think it's fair to say that they have an option to opt out.  In the context of religious freedom, it's like me paying the government $1000/year so they will let me go to church.

But they already pay more than that in health care.... it's not a fine... it's a tax. 

Just like many other companies... they have the option to pay the tax, or supply health care. If they do not like the healthcare they must supply, then don't supply it. 

lol, for some reason I always laugh when somebody says "it's a tax".  I picture Admiral Ackbar in my mind.

So they have three options.  They can continue to provide healthcare for their employees that is not in compliance with the ACA.  In that case they would still have their entire healthcare expense in addition to the $26M tax.  They can choose to "not" offer healthcare at all and then they would not have the expense of the healthcare and would only have to pay the tax.  They can also provide a compliant healthcare plan that provides free contraceptives to their employees, but according to them violates their religious convictions.

So, I would say that the first option is what they're trying to do, but they're challenging the fine/tax in court.

2014-04-01 8:29 AM
in reply to: #4972117

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Subject: RE: Hobby Lobby claiming religious freedom and the ACA
i know noone probably cares and that talking about wonky legal stuff isn't as much fun as the debate everyone's having here, but I think it'd be weird to have a 100+ post thread that doesn't mention by name or talk about the statute at issue in the case. Hobby Lobby isn't a First Amendment freedom of religion case. In 1990 the Supreme Court held that there are no religious exemptions to statutes of general application, even if those statutes impose a burden on religion. Under the First Amendment, Hobby Lobby would be SOL. There was a backlash against that decision, in response to which Congress (nearly unaminously) passed a statute called the Religious Freedom Restoration Act, which says that a court can create a religious exemption to a law of general applicability if the law imposes a burden on religion, unless the law is intended to serve a compelling government interest and seeks to achieve that goal using the least restrictive means available. The case is about that statute, which unquestionably applies to corporations. The parties in the case are fighting about whether the statute should apply to for profit corporations, or just non-profits. Congress could have exempted the ACA from the RFRA and avoided the issue altogether, but it chose not to. So here we are.
2014-04-01 8:43 AM
in reply to: braciole

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Subject: RE: Hobby Lobby claiming religious freedom and the ACA

Originally posted by braciole i know noone probably cares and that talking about wonky legal stuff isn't as much fun as the debate everyone's having here, but I think it'd be weird to have a 100+ post thread that doesn't mention by name or talk about the statute at issue in the case. Hobby Lobby isn't a First Amendment freedom of religion case. In 1990 the Supreme Court held that there are no religious exemptions to statutes of general application, even if those statutes impose a burden on religion. Under the First Amendment, Hobby Lobby would be SOL. There was a backlash against that decision, in response to which Congress (nearly unaminously) passed a statute called the Religious Freedom Restoration Act, which says that a court can create a religious exemption to a law of general applicability if the law imposes a burden on religion, unless the law is intended to serve a compelling government interest and seeks to achieve that goal using the least restrictive means available. The case is about that statute, which unquestionably applies to corporations. The parties in the case are fighting about whether the statute should apply to for profit corporations, or just non-profits. Congress could have exempted the ACA from the RFRA and avoided the issue altogether, but it chose not to. So here we are.

Thanks for adding that.  I knew there was a RFRA component to it, but I didn't know much of the history.



2014-04-01 8:58 AM
in reply to: tuwood

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Subject: RE: Hobby Lobby claiming religious freedom and the ACA

Can I add that Hobby Lobby has provided healthcare plans in the past that do cover contraceptives. Only now are they making a stink about it because someone says that they have to.

2014-04-01 8:59 AM
in reply to: dmiller5

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Subject: RE: Hobby Lobby claiming religious freedom and the ACA
Originally posted by dmiller5

Why do people think that their religion gives them to right to not follow the laws of this country. It doesn't.




Sure it does, if the law at issue imposes a substantial burden on the person's exercise of religion, unless the law is in furtherance of a compelling government interest and is the least restrictive means of furthering that interest. That's what the parties are fighting about in the case -- is there a substantial burden, is there a compelling interest, and has the government used the least restrictive means available.

Here is the language of the Religious Freedom Restoration Act, which is the statute at issue in the case:

(a) In general
Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b) of this section.
(b) Exception
Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person—
(1) is in furtherance of a compelling governmental interest; and
(2) is the least restrictive means of furthering that compelling governmental interest.
2014-04-01 9:06 AM
in reply to: dmiller5

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Subject: RE: Hobby Lobby claiming religious freedom and the ACA

Originally posted by dmiller5

Can I add that Hobby Lobby has provided healthcare plans in the past that do cover contraceptives. Only now are they making a stink about it because someone says that they have to.

Sorry, but that's just wrong and very misleading.

Hobby Lobby covered 16 of the 20 methods of contraception that are mandated under the ACA, but they didn't cover Plan B One-Step, Ella (another brand of emergency contraception), and two forms of intrauterine devices because (right or wrong) they felt they were forms of abortion.

They don't have a problem with contraception, they have a problem with certain types of contraception that are being mandated.

2014-04-01 9:09 AM
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Subject: RE: Hobby Lobby claiming religious freedom and the ACA

Originally posted by dmiller5

Can I add that Hobby Lobby has provided healthcare plans in the past that do cover contraceptives. Only now are they making a stink about it because someone says that they have to.

No, now they are making a stink about the 4 they have to add that they did not provide before... it is the 4 they are protesting.

 

Oh... Tony beat me to it.



Edited by powerman 2014-04-01 9:13 AM
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