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'Religous Freedom Restoration Act' details
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Burwell v. Hobby Lobby was a landmark decision by the US Supreme Court. It was for the first time that the court recognized a for-profit corporations’ religious beliefs. The decision was taken with regards to it being interpreted under the Religious Freedoms Restoration Act. By a 5-4 vote, the courts majority struck down the contraceptive mandate.
Associate Justice Samuel Alito delivered the judgment on behalf of the court and
four other justices joined him - Kennedy, Roberts, Scalia and Thomas. The courts
majority decision meant that the Religious Freedom Restoration Act of 1993
applied to family-owned corporations like Hobby Lobby. These companies
cannot be forced to pay for insurance coverage for contraception for employees
due to religious
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. . on the eligible
organization, the group health plan, or plan participants or beneficiaries.”
Justice Kennedy also concurred to the courts decision.
Dissent –
Justice Ginsbergs dissent argued that the Hobby Lobby case would open the
gates to many more such cases. She said that that could become a method to
“opt out of any law.” (page 1 under the topic of Ginsberg’s dissent) She said that
by overlooking the employees’ beliefs and only looking at a small group of
people who own the corporation is a conflict of rights. She rightfully said that
the employees of a for-profit organization have views and needs that are
different from their employers.(page 16 of dissent)
She then talked about how Hobby Lobby isn’t the only corporation requesting
changes in lieu of religious beliefs. The examples mentioned on page 32 of the
dissent clarify her claim - Newman v. Piggie Park Enterprises, Inc. where the
owner of a restaurant chain refused to serve to black people based on
1. Case name: Geringer v. Wildhorn Ranch, Inc., 706 F. Supp. 1442 - Dist. Court, D. Colorado 1988
According to the court case on Pam Huber v. Wal-Mart Stores, Inc., I am in agreement with the fact that the “district court granted summary judgment in favor of Huber” (Morgan, p.413) and that Wal-Mart gave Pam Huber, a maintenance associated job due to her disability. In doing so, I am also in agreement with the fact that Wal-Mart did not breach the American with Disability Act of 1990 due to the fact that Wal-Mart specifically stated what was required of Pam Huber to do on the job. Due to that, I am in agreement with Wal-Mart’s decision to hire a capable candidate in replace of Pam Huber due to their policy.
On September 4, 1958, Dollree Mapp’s was convicted in the Cuyahoga County Ohio Court of Common Pleas (Mapp v. Ohio - 367 U.S. 643 (1961)). On March 29, 1961, Dollree Mapp v. Ohio was brought before the Supreme Court of the United States after an incident with local Ohio law enforcement and a search of Dollree Mapp 's home (Mapp v. Ohio 367 U.S. 643 (1961)). In the Bill of Rights, the Fourth Amendment protects and prohibits all persons from unreasonable searches and seizures. However, can evidence obtained through a search that was in violation of a person’s Fourth Amendment rights still be admitted in a state criminal proceeding? This is the issue that will be thoroughly examined in the landmark case of Dollree Mapp v. the State of Ohio (henceforth
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
On June 7th 1965, married couples in the State of Connecticut received the right to acquire and benefit from contraceptive devises. In a majority decision by the United States Supreme Court, seven out of the nine judges believed that sections 53-32 and 54-196 of the General Statues of Connecticut , violated the right of privacy guaranteed by the Fourteenth Amendment. The case set precedence by establishing marital (and later constitutional) privacy, and had notable influence on three later controversial ruling=s in Roe v. Wade (1973), Bowers v. Hardwick (1986) and Planned Parenthood of S.E. Pennsylvania v. Casey (1992) . The issue at hand was, and is still, one that still causes debate, wether a state has the authority to restrict the use and sale of contraceptives. Though it is not contraceptives, anymore, that is at the heart of the abortion debate, this ruling was the first step to the expectation of constitutional privacy.
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
pp. pp. pp Kay, H. H. (2004, Jan). Ruth Bader Ginsburg, Professor of Law.
The issue that is at hand is if the Religious Freedom Restoration Act of 1993 is being violated, which says that the federal government “shall not substantially burden a person’s exercise of religion” unless that burden is the least restrictive means to further a compelling governmental interest, allows a corporation the ability to deny its employees the health coverage of contraceptives to which the employees are entitled by federal law, based on the religious objections of the corporation’s owners. But the debate over the legitimacy of the case has ripped a path all the way to the Supreme Court. Hobby Lobby argues intensely that they should be exempt from certain provisions of the Affordable Care Act, because of the owners Mennonite religious beliefs and practices. What is at risk here isn't just the freedom of religion, but about power over one’s health care.
According to the Census Bureau, “the United States has more than 310 million people” (Tannahill 2012). Even though the United States is founded on the Constitution and the Bill of Rights, there are various subjects that can often spark a heated debate among Americans. In a society and government that is vastly changing by the year, heated debates over various subjects including gay marriage, women’s rights, religious rights, etc. are often discussed due to multiracial, multiethnic, and religious differences among citizens. In recent months, the ruling made on June 30, 2014 by the Supreme Court in the particular case of Hobby Lobby vs. Burwell has created controversy for the sense that many battle
The Roe v. Wade case originated in the state of Texas in 1970 at the suggestion of Sarah Weddington an Austin attorney. Norma McCorvey otherwise known as "Jane Roe" was an unmarried pregnant woman seeking to overturn the anti-abortion law in the state of Texas. The lawsuit claimed that the statue was unconstitutionally vague and abridged privacy rights of pregnant women guaranteed by the first, fourth, fifth, ninth, and fourteenth amendments to the constitution. (http://en.wikipedia.org/wiki/Roe_v._Wade)
First, it is imperative to comprehend the implications of the case Sebelius v. Hobby Lobby. This court case is still in litigation and pertains to the Fourteenth Amendment, the Affordable Care Act (ACA), religious freedom, and woman’s access to contraceptives. The ACA requires all insurance companies to cover forms of female birth control. The ACA also requires l...
Such precedent setting decisions are usually derived from the social, economic, political, and legal philosophy of the majority of the Justices who make up the Court, and also represent a segment of the American population at a given time in history. Seldom has a Supreme Court decision sliced so deeply into the basic fabric that composes the tapestry and direction of American law or instigated such profound changes in cherished rights, values, and personal prerogatives of individuals: the right to privacy, the structure of the family, the status of medical technology and its impact upon law and life, and the authority of state governments to protect the lives of their citizens.(3-4)
Overall, the ruling in this case was a perfect interpretation of the Constitution. Despite opposition claiming that it is not addressed in the Constitution, too few rights are ever addressed in the Constitution of the United States. That is why there is a thing called Judicial Review. By utilizing judicial review, the interpreters of the law –Supreme Court, may make changes to policies and laws. Abortion, medicinal marijuana, and marriage fall under the umbrella of Equal Protection since they correspond to the rights and liberties of US citizens.
In 1993, one of the most important acts that has gone through Congress was passed (Religious Freedom, Map of the RFRA). This was the Religious Freedom Restoration Act (RFRA) of 1993 (Religious Freedom, Map of the RFRA). This act was passed to answer the 1990 court case Employment Division v. Smith (Questions and Answers, Map of the RFRA). Employment Division v. Smith was a court case in which the issue was whether “Sacramental use of peyote by members of the Native American Church was protected under the free exercise clause of the First Amendment, which provides that ‘Congress shall make no law.prohibiting the free exercise of religion'. ”(Questions and Answers, Map of the RFRA).
Several cases have been fought for the right to choose. Many of these have been hard cases with very personal feelings, but the perseverance showed through and gives us the rights we have today. Here are some important cases: 1965 - Griswold v. Connecticut - upheld the right to privacy and ended the ban on birth control. Eight years later, the Supreme Court ruled the right to privacy included abortions. Roe v. Wade was based upon this case. 1973 - Roe v. Wade: - The state of Texas had outlawed abortions. The Supreme Court declared the law unconstitutional, but refused to order an injunction against the state. On January 22, 1973, the Supreme Court voted the right to privacy included abortions.