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Ben Johnson

Supreme Court sides with Hobby Lobby on HHS mandate in 5-4 decision

Ben Johnson
Ben Johnson

Updated on June 20 at 3:15 p.m. EST.

WASHINGTON, D.C. – This morning the U.S. Supreme Court decided closely held corporations with religious objections cannot be compelled to furnish potentially abortion-inducing drugs to their employees by a 5-4 decision.

The Religious Freedom Restoration Act of 1993 (RFRA) allows for closely-held corporations like Hobby Lobby to maintain their religious outlook and still do business, the majority ruled in a 49-page opinion written by Justice Samuel Alito. The law holds that government may only impose a mandate that burdens religious business owners' consciences if the government has a compelling interest in doing so and uses the least invasive means possible.

"We must next ask whether the HHS contraceptive mandate 'substantially burden[s]' the exercise of religion," the justices wrote. "We have little trouble concluding that it does."

"We reject HHS's arguments that the owners of the companies forfeited all RFRA protection when they decided to organize their businesses as corporations rather than sole proprietorships or general partnerships," they added. "The plain terms of RFRA make it perfectly clear that Congress did not discriminate in this way against men and women who wish to run their business as for-profit corporations in the manner required by their religious beliefs."

The ruling holds that the HHS mandate is not the least invasive alternative. "The mandate plainly fails that test," the opinion holds.

The five justices in the majority found it "unnecessary" to rule on whether the HHS mandate serves a compelling government interest, side-stepping the issue of whether assuring women's access to contraceptives is a common good. However, Justice Kennedy in his concurrence wrote "a premise of the Court's opinion is its assumption that the HHS regulation here at issue furthers a legitimate and compelling interest in the health of female employees." 

Justices also chose not to comment on whether the HHS mandate violates the First Amendment, saying the RFRA alone invalidates the provision as applied to closely held for-profit corporations.

Chief Justice John Roberts joined Alito, Antonin Scalia, and Clarence Thomas on the majority decision in Burwell v. Hobby Lobby Stores Inc. (formerly Sebelius v. Hobby Lobby Stores Inc.) and Conestoga Wood v. Burwell. Justice Anthony Kennedy wrote a four-page concurring opinion to swing the decision in favor of Hobby Lobby.

The owners of Hobby Lobby and Conestoga Wood Specialites Corporation argued in court that the HHS mandate provision of the Affordable Care Act – which requires all employers to provide contraception, sterilization, and abortion-inducing drugs to female employees without charging a co-pay – violates their owners' evangelical Christian faith.

“Our family is overjoyed by the Supreme Court’s decision. Today the nation’s highest court has re-affirmed the vital importance of religious liberty as one of our country’s founding principles,” said Barbara Green, co-founder of Hobby Lobby. “The Court’s decision is a victory, not just for our family business, but for all who seek to live out their faith. We are grateful to God and to those who have supported us on this difficult journey.”

Family Research Council President Tony Perkins called the decision "one of the most significant victories for religious freedom in our generation." Americans United for Life President and CEO Dr. Charmaine Yoest agreed it was " a victory for common-sense, as pro-life Americans do not lose their First Amendment freedoms when they open a family business or when they value unborn life."

The court's four liberal justices filed two separate dissents to today's ruling. One, authored by Justices Ruth Bader Ginsburg and Sonia Sotomayor, runs 35 pages and calls the majority opinion "a decision of startling breadth." They strongly objected to the notion that for-profit corporations qualified for protection from laws that might violate its owners' religious views. Justices Stephen Breyer and Elena Kagan filed a separate one-paragraph dissent, joining Ginsburg siding with HHS but not commenting on the standing of for-profit corporations.

Hobby Lobby is the largest and only non-Catholic privately owned business to file a lawsuit against the HHS mandateThe company provides 16 of the 20 forms of contraception required by new federal regulations. But the owners opposed paying for or furnishing potential abortifacients like Ella and the morning-after pill to its female employees. 

The decision suggests that the Obama administration could have had U.S. taxpayers underwrite the cost of contraceptives for corporations that refuse to decline them on religious grounds.

It also states the administration could implement a system similar to the law's “accommodation” for religious non-profits, unveiled in February 2013. The provision allowed non-profit organizations to note their religious objection in writing, and their insurance companies would then be compelled to provide the contraceptives to female employees for “free.” Pro-life observers dismissed the notion as little more than an accounting gimmick, saying the insurance companies would pass on the costs to the employers by charging higher premiums. The Little Sisters of the Poor have sued, saying participating in the system violates their religious freedom; justices specifically said they did not decide the constitutionality of the system for "all religious claims."

But "HHS has provided no reason why the same system cannot be made available when the owners of for-profit corporations have similar religious objections," the justices wrote. "We therefore conclude that this system constitutes an alternative that achieves all of the government’s aims while providing greater respect for religious liberty."

Hobby Lobby CEO David Green said, “This legal challenge has always remained about one thing and one thing only: the right of our family businesses to live out our sincere and deeply held religious convictions as guaranteed by the law and the Constitution. Business owners should not have to choose between violating their faith and violating the law.”

Last June 27, the Tenth Circuit Court of Appeals ruled that Hobby Lobby had “established a likelihood of success that their rights under this statute are substantially burdened by the contraceptive-coverage requirement, and have established an irreparable harm.” However, Conestoga Wood lost its case before the Third Circuit Court of Appeals last July.

The Hahn family, which owns Conestoga, says its devout Mennonite faith and belief that life begins at conception forbids it from complying with the mandate. 

The Greens' son, Mardel, who operates 35 Christian bookstores, also joined the lawsuit.

The hobby chain, with more than 500 stores in 41 states, faced a penalty of $100 a day per employee or $1.3 million in daily fines for violating the HHS mandate. In all, Hobby Lobby faced $475 million a year in fines, Conestoga would have been slapped with $33 million, and Mardel's Christian book chain with $15 million in ObamaCare penalties.

The Supreme Court agreed to hear the cases last November. 

Today is the last day of the Supreme Court's session. It will resume on the first Monday in October. 


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A Nazi extermination camp. Pete Baklinski / LifeSiteNews
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Imagine the outrage if anti-Semites were crowdsourcing for gas chambers

Pete Baklinski Pete Baklinski Follow Pete
By Pete Baklinski
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A Nazi oven where the gassed victims were destroyed by fire. Pete Baklinski / LifeSiteNews
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Empty canisters of the poison used by Nazis to exterminate the prisoners. Pete Baklinski / LifeSiteNews
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Syringe for Manual Vacuum Aspiration abortion AbortionInstruments.com
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Uterine Currette AbortionInstruments.com
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Imagine the outrage if the Nazis had used online crowdsourcing to pay for the instruments and equipment used to eradicate Jews, gypsies, the handicapped, and other population groups — labeled “undesirable” — in their large industrialized World War II extermination facilities. 

Imagine if they posted a plea online stating: “We need to raise $85,000 to buy Zyklon B gas, to maintain the gas chambers, and to provide a full range of services to complete the ‘final solution.’”

People would be more than outraged. They would be sickened, disgusted, horrified. Humanitarian organizations would fly into high gear to do everything in their power to stop what everyone would agree was madness. Governments would issue the strongest condemnations.

Civilized persons would agree: No class of persons should ever be targeted for extermination, no matter what the reason. Everyone would tear the euphemistic language of “final solution” to shreds, knowing that it really means the hideous crime of annihilating a class of people through clinical, efficient, and state-approved methods of destruction. 

But crowdsourcing to pay for the instruments and equipment to exterminate human beings is exactly what one group in New Brunswick is doing.

Reproductive Justice NB has just finished raising more than $100,000 to lease the Morgentaler abortion facility in Fredericton, NB, which is about to close over finances. They’re now asking the public for “support and enthusiasm” to move forward with what they call “phase 2” of their goal.

“For a further $85,000 we can potentially buy all the equipment currently located at the clinic; equipment that is required to provide a full range of reproductive health services,” the group states on its Facebook page.

But what are the instruments and equipment used in a surgical abortion to destroy the pre-born child? It depends how old the child is. 

A Manual Vacuum Aspiration abortion uses a syringe-like instrument that creates suction to break apart and suck the baby up. It’s used to abort a child from 6 weeks to 12 weeks of age. Abortionist Martin Haskell has said the baby’s heart is often still beating as it’s sucked down the tube into the collection jar.

For older babies up to 16 weeks there is the Dilation and Curettage (D&C) abortion method. A Uterine Currette has one sharp side for cutting the pre-born child into pieces. The other side is used to scrape the uterus to remove the placenta. The baby’s remains are often removed by a vacuum.

For babies past 16 weeks there is the Dilation and Evacuation (D&E) abortion method, which uses forceps to crush, grasp, and pull the baby’s body apart before extraction. If the baby’s head is too large, it must be crushed before it can be removed.

For babies past 20 weeks, there is the Dilation and Extraction (D&X) abortion method. Guided by ultrasound, the abortionist uses forceps to partially deliver the baby until his or her head becomes visible. With the head often too big to pass through the cervix, the abortionist punctures the skull, sucks out the brains to collapse the skull, and delivers the dead baby.

Other equipment employed to kill the pre-born would include chemicals such as Methotrexate, Misoprostol, and saline injections. Standard office equipment would include such items as a gynecologist chair, oxygen equipment, and a heart monitor.

“It’s a bargain we don’t want to miss but we need your help,” writes the abortion group.

People should be absolutely outraged that a group is raising funds to purchase the instruments of death used to destroy a class of people called the pre-born. Citizens and human rights activists should be demanding the organizers be brought to justice. Politicians should be issuing condemnations with the most hard-hitting language.

Click "like" if you are PRO-LIFE!

Everyone should be tearing to shreds the euphemistic language of “reproductive health services,” knowing that it in part stands for the hideous crime of annihilating a class of people through clinical, efficient, and state-approved methods of destruction that include dismemberment, decapitation, and disembowelment.

There’s a saying about people not being able to perceive the error of their day. This was generally true of many in Hitler’s Germany who uncritically subscribed to his eugenics-driven ideology in which certain people were viewed as sub-human. And it’s generally true of many in Canada today who uncritically subscribe to the ideology of ‘choice’ in which the pre-born are viewed as sub-human.

It’s time for all of us to wake-up and see the youngest members of the human family are being brutally exterminated by abortion. They need our help. We must stand up for them and end this injustice.

Let us arise!


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Paul Wilson

The antidote to coercive population control

Paul Wilson
By Paul Wilson

The primary tenet of population control is simple: using contraception and abortifacients, families can “control” when their reproductive systems work and when they don’t – hence the endless cries that women “should have control over their own bodies” in the name of reproductive health.

However, in much of the world, the glittering rhetoric of fertility control gives way to the reality of control of the poorest citizens by their governments or large corporations. Governments and foreign aid organizations routinely foist contraception on women in developing countries. In many cases, any pretense of consent is steamrolled – men and women are forcibly sterilized by governments seeking to thin their citizens’ numbers.  (And this “helping women achieve their ‘ideal family size’” only goes one way – there is no government support for families that actually want more children.)

In countries where medical conditions are subpar and standards of care and oversight are low, the contraceptive chemicals population control proponents push have a plethora of nasty side effects – including permanent sterilization. So much for control over fertility; more accurately, the goal appears to be the elimination of fertility altogether.

There is a method for regulating fertility that doesn’t involve chemicals, cannot be co-opted or manipulated, and requires the mutual consent of the partners in order to work effectively. This method is Natural Family Planning (NFP).

Natural Family Planning is a method in which a woman tracks her natural indicators (such as her period, her temperature, cervical mucus, etc.) to identify when she is fertile. Having identified fertile days, couples can then choose whether or not to have sex during those days--abstaining if they wish to postpone pregnancy, or engaging in sex if pregnancy is desired.

Of course, the population control crowd, fixated on forcing the West’s vision of limitless bacchanalia through protective rubber and magical chemicals upon the rest of the world, loathes NFP. They deliberately confuse NFP with the older “rhythm method,” and cite statistics from the media’s favorite “research institute” (the Guttmacher Institute, named for a former director of Planned Parenthood) claiming that NFP has a 25% failure rate with “typical use.” Even the World Health Organization, in their several hundred page publication, “Family Planning: A Global Handbook for Providers,” admits that the basal body temperature method (a natural method) has a less than 1% failure rate—a success rate much higher than male condoms, female condoms, diaphragms, cervical caps or spermicides.

Ironically, the methods which they ignore – natural methods – grant true control over one’s fertility – helping couples both to avoid pregnancy or (horror of horrors!) to have children, with no government intervention required and no choices infringed upon.

The legitimacy of natural methods blows the cover on population controllers’ pretext to help women. Instead, it reveals their push for contraceptives and sterilizations for what they are—an attempt to control the fertility of others. 

Reprinted with permission from the Population Research Institute.


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Rebecca Oas, Ph.D.

New development goals shut out abortion rights

Rebecca Oas, Ph.D.
By Rebecca Oas Ph.D.

Co-authored by Stefano Gennarini, J.D.

A two week marathon negotiation over the world’s development priorities through 2030 ended at U.N. headquarters on Saturday with abortion rights shut out once again.

When the co-chairs’ gavel finally fell Saturday afternoon to signal the adoption of a new set of development goals, delegates broke out in applause. The applause was more a sigh of relief that a final round of negotiations lasting twenty-eight hours had come to its end than a sign of approval for the new goals.

Last-minute changes and blanket assurances ushered the way for the chairman to present his version of the document delivered with an implicit “take it or leave it.”

Aside from familiar divisions between poor and wealthy countries, the proposed development agenda that delegates have mulled over for nearly two years remains unwieldy and unmarketable, with 17 goals and 169 targets on everything from ending poverty and hunger, to universal health coverage, economic development, and climate change.

Once again hotly contested social issues were responsible for keeping delegates up all night. The outcome was a compromise.

Abortion advocates were perhaps the most frustrated. They engaged in a multi-year lobbying campaign for new terminology to advance abortion rights, with little to show for their efforts. The new term “sexual and reproductive health and rights,” which has been associated with abortion on demand, as well as special new rights for individuals who identify as gay, lesbian, bisexual or transsexual (LGBT), did not get traction, even with 58 countries expressing support.

Click "like" if you are PRO-LIFE!

Despite this notable omission, countries with laws protecting unborn children were disappointed at the continued use of the term “reproductive rights,” which is not in the Rio+20 agreement from 2012 that called for the new goals. The term is seen as inappropriate in an agenda about outcomes and results rather than normative changes on sensitive subjects.

Even so, “reproductive rights” is tempered by a reference to the 1994 International Conference on Population and Development, which recognizes that abortion is a matter to be dealt with in national legislation. It generally casts abortion in a bad light and does not recognize it as a right. The new terminology that failed was an attempt to leave the 1994 agreement behind in order to reframe abortion as a human rights issue.

Sexual and reproductive health was one of a handful of subjects that held up agreement in the final hours of negotiations. The failure to get the new terminology in the goals prompted the United States and European countries to insist on having a second target about sexual and reproductive health. They also failed to include “comprehensive sexuality education” in the goals because of concerns over sex education programs that emphasize risk reduction rather than risk avoidance.

The same countries failed to delete the only reference to “the family” in the whole document. Unable to insert any direct reference to LGBT rights at the United Nations, they are concentrating their efforts on diluting or eliminating the longstanding U.N. definition of the family. They argue “the family” is a “monolithic” term that excludes other households. Delegates from Mexico, Colombia and Peru, supporters of LGBT rights, asked that the only reference to the family be “suppressed.”

The proposed goals are not the final word on the Sustainable Development Goals (SDGs). They will be submitted to the General Assembly, whose task is to elaborate a post-2015 development agenda to replace the Millennium Development Goals next year.

Reprinted with permission from C-FAM.org.


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