Take Two: Hobby Lobby Was About More Than Abortion After All

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In the Hobby Lobby case, the only contraceptives at issue were ones that the plaintiffs considered to be abortifacients. Thus my post yesterday that the case was really about abortion: “This is not a ruling that upholds religious liberty. It is a ruling that specifically enshrines opposition to abortion as the most important religious liberty in America.”

That was then, this is now:

The Supreme Court on Tuesday confirmed that its decision a day earlier extending religious rights to closely held corporations applies broadly to the contraceptive coverage requirement in the new health care law, not just the handful of methods the justices considered in their ruling….Tuesday’s orders apply to companies owned by Catholics who oppose all contraception. Cases involving Colorado-based Hercules Industries Inc., Illinois-based Korte & Luitjohan Contractors Inc. and Indiana-based Grote Industries Inc. were awaiting action pending resolution of the Hobby Lobby case.

Until now, fans of the Hobby Lobby decision have made the point that abortion really is different from most other religious objections to specific aspects of health care. Christian Scientists might forego most medical treatments for themselves, for example, but they don’t consider it a sin to assist someone else who’s getting medical treatment. Thus they have no grounds to object to insurance that covers it. Conversely, members of some Christian denominations consider abortion to be murder, and obviously this means they have a strong objection to playing even a minor supporting role that helps anyone receive an abortion.

But what now? Is there a similar argument about contraception? Sure, Catholics might consider it sinful, but it’s not murder, and as far as I know the church wouldn’t consider your soul to be in danger if, say, you drove a Jewish friend to a pharmacy to pick up her birth control pills.1 Nonetheless, the court has now ruled that a religious objection to contraceptives is indeed at the same level as a religious objection to abortion. In other words, just about anything Catholics consider a sin for Catholics is justification for opting out of federal regulations. I wonder if the court plans to apply this to things that other religions consider sinful?

1I could be wrong about this, of course. But I’ll bet it’s a pretty damn minor sin.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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