Health & Human Services V. Hobby Lobby Case Study

Christian business owners today are increasingly faced with a great moral dilemma—what to do when the law requires them to contradict their own personal or religious convictions. Should business owners be required to provide specific services to same sex couples if this union goes against their religious beliefs? This debate has led to court decisions that must determine what rights business owners have to deny services based on their religious beliefs. This is the question that is being considered in the case of Elane Photography v. Vanessa Willock. Elane Photography denied their wedding photography services to a same-sex couple because it went against their spiritual values. Thus, the courts had to decide if this act violated anti-discrimination

Hobby Lobby provides another example of a case that involves the defense of religious liberty. In this case, the court ruled in favor of Hobby Lobby, thereby not requiring them to provide the government-mandated contraceptives which included four potentially life-ending drugs. They held that the Religious Freedom Restoration Act was violated because the contraceptive mandate substantially burdened their exercise of religion and HHS had not demonstrated a compelling interest in enforcing the mandate against them; in the alternative, the court held that HHS had not proved that the mandate was the ‘least restrictive means’ of furthering a compelling governmental interest” (Burwell, Secretary of Health and Human Services et. al. v. Hobby Lobby Stores, Inc., et. al., 2014) This case is differentiated from the Elane Photography case because it did not involve a question of discrimination. Thus, it would likely not have changed the ruling of that case. However, the Hobby Lobby case will have important implications for many other pending lawsuits involving non-profit religious organizations, including the Little Sisters of the Poor ("Hobby Lobby Ruling,"

al. v. Hobby Lobby Stores, Inc., et. al., 13 USSC 354 (2014).

Elane Photography LLC v. Vanessa Willock, 309 NMSC 53 (NM 2013).

Gershman, J., & Audi, T. (2015). Court Rules Baker Can’t Refuse to Make Cake for Gay Couple. Retrieved from http://www.wsj.com/articles/court-rules-baker-cant-refuse-to-make-wedding-cake-for-gay-couple-1439506296

Kenworthy, B. (2012). Photography and the First Amendment. Retrieved from http://www.firstamendmentcenter.org/photography-the-first-amendment

New Mexico Human Resources Act, § 28 1-7 (2006)

Public Accommodations and Services Operated by Private Entities, 42 U.S.C. § 12182. (Legal Information Institute).

Schmitz, A. (2012). The Legal Environment and Business Law (Executive M.B.A. Edition v. 1.10 ed.). [Adobe PDF]. Retrieved from