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


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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