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The First Amendment: the Hobby Lobby Case
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
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As can be seen in various other Supreme Court rulings, both the United States Constitution and state constitutions affect civil liberties policymaking. As defined in Think: American Government, civil liberties are “the protection of the individual from the unrestricted power of government” (Tannahill 2012). In particular, the constitutional basis for civil liberties in America includes the First Amendment, which reads that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to assemble, and to petition the Government for a redress of grievances” (Tannahill 2012). In other words, the First Amendment prohibits the government from adopting laws that …show more content…
It’s a privately held corporation that is owned by a group of devout Evangelical Christians. The case of Hobby Lobby vs. Burwell, surrounds around the Affordable Care Act and contraception. Hobby Lobby claimed the government “cannot require businesses to provide drugs that terminate a fertilized egg if they object on religious grounds” (Fox New 2014). Hobby Lobby stated that they would pay for 16/20 contraceptives offered under the Affordable Care Act, but would not offer the four that terminated a possible fertilized fetus, as it went against their religious beliefs and religious liberty. Hobby Lobby also appealed that they have provided contraception to women for years even before the Affordable Care Act. In the end, the Supreme Court recently ruled by a 5 to 4 vote that Hobby Lobby had the right to limit what contraceptives are offered in their employee’s health care plan on religious grounds. The decision was ultimately based around the Religious Freedom Restoration Act which states that “governments should not substantially burden religious exercise without compelling justification”(Tannahill 2012). In other words, Hobby Lobby was going to be burdened with federal fines for not following the law stated under the Affordable Care Act. What also compelled the Supreme Courts’ decision was that Non-Profit Organizations were already exempt
This example of a Supreme Court case shows that the court is not above politics. Even though most Americans, including government officials, practiced some form of Christianity, the judges were not willing to compromise the information in the Constitution for the popular beliefs of individuals. I agree with the Supreme Court in its decision to ban the practice of prayer in public schools. Not only does it violate the Constitution, but it encroaches on our freedom of thought and action. Being excluded from a public classroom because of personal beliefs does not sound just.
1. Our great country was founded upon a high set of principles, values, and laws. Many of these are easily seen when looking at the United States constitution. The first ten amendments are what is commonly known as the Bill of Rights. This is good and all, but until the fourteenth amendment was passed, the Bill of Rights only was applied to the Federal government. The 14th amendment has a clause that says, "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." The Supreme Court ruled against “Total Incorporation”, but instead ruled in favor of “Selective Incorporation”. This meaning that the Supreme Court would define the constitutionality of the treatment of a citizen by the state.
In America the Amendment 1 of the U.S. Constitution gives the American people the right to peaceably assemble and to petition the Government for a redress of grievances. Most notably Amendment 1 is known for and most often cited as giving the Freedom of Speech. Even before this amendment was ratified people in the U.S. were protesting, as in the Boston Tea Party. Protesting has been a way to effect change in America. A question to ask is this: is there a right way or wrong way to protest.
Typically the most basic civil liberties are found in a country’s bill of rights and then that country passes amendments as needed in order to grow the peoples’ civil liberties, or shrink them if need be. Now, in the case of the United States the people are not “granted“ civil liberties by the...
The first Amendment of the United States Constitution says; “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”[1] Our fore fathers felt that this statement was plain enough for all to understand, however quite often the United States government deems it necessary to make laws to better define those rights that are stated in the Constitution. Today the framers would be both encouraged and discouraged by our modern interpretation the First Amendment the United States Constitution.
To this day, Americans have many rights and privileges. Rights stated in the United States constitution may be simple and to the point, but the rights Americans have may cause debate to whether or not something that happens in society, is completely reasonable. The Texas v. Johnson case created much debate due to a burning of the American Flag. One may say the burning of the flag was tolerable because of the rights citizens of the United States have, another may say it was not acceptable due to what the American flag symbolizes for America. (Brennan and Stevens 1). Johnson was outside of his First Amendment rights, and the burning of the American flag was unjust due to what the flag means to America.
The case that I decided to write about is one of the most controversial cases that have ever happened in the United States. The Roe v. Wade (1973) case decided that a woman with her doctor could choose to have an abortion during the early months of that pregnancy. However, if the woman chose to wait until the later months of the pregnancy then they would have certain restrictions based on their right to privacy. This case invalidated all state laws which limited women’s access to abortions during their first trimester of their pregnancy which was based on the Ninth Amendment of the Constitution. The Amendment states that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” (Cornell University Law School, 2013).
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)
we had no legally protected rights of free speech in anything like the form we
The extents of the Fourteenth Amendment to the Constitution has been long discussed since its adoption in mid-late 1800s. Deciding cases like Brown v. Board of Education and Roe v. Wade has been possible due to mentioned amendment. These past cases not only show the progression of American society, but also highlights the degree of versatility that is contained within the amendment. Now, in 2015, the concerns are not of racial segregation or abortion, the extent of the amendment was brought to a new field: same-sex marriage. In Obergefell v Hodges, we can see the epitome of the Equal Protection Clause.
Congress decided in Employment Division v. Smith. "the Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion and the compelling interest test as set forth in prior Federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests."(Religious Freedom, Map of the RFRA). In other words, the government did not have to have a reason to impose laws against religious acts. Thus the purpose of this act was “to restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to guarantee its application in all cases where free exercise of religion is substantially burdened. ”(Religious Freedom, Map of the RFRA)
Throughout American history, our civil liberties as American citizens have evolved immensely. For example, the first ten amendments in the U.S. Constitution are referred to as the “The Bill of Rights,” which contains some of the most cherished civil liberties, such as freedom of speech and religion. These civil liberties however, did not originally apply to state governments or institutions the state established. The Bill of Rights focused solely on what the national government could not do, allowing state governments to do whatever they wanted. For example, Massachusetts, Connecticut, and New Hampshire supported Congregationalist ministers with tax payer dollars for decades. After the Civil War, civil liberties expanded, because three new amendments were added: the Thirteenth, abolishing slavery, the Fourteenth, which redefined civil liberties and rights, and the Fifteenth, which allowed adult, male citizens to vote. The due process clause (contained in the Fourteenth Amendment) became one of the most important civil liberties, because it applied the language of the Fifth Amendment to state governments, proclaiming that they could not “deprive any person of life, liberty, or property, without due process of law....
...nvolving for-profit corporations. Hobby Lobby Inc. is one of the plaintiffs. David Green and his family are the owners and say their Christian beliefs clash with parts of the laws’ mandates for comprehensive coverage. Companies that refuse to provide the coverage could be fined up to $1.3 million daily. The Obama administration has defended the law and federal officials say they have already created rules exempting certain nonprofits and religiously affiliated organizations from the requirements. The cases accepted by the Supreme Court were Sebelius v. Hobby Lobby Stores, Inc., and Conestoga Wood Specialties Corp. v. Sebelius.
Abortion may be one of the most controversial topics in America today. Abortion is defined as “the termination of a pregnancy after, accompanied by, resulting in, or closely followed by the death of the embryo or fetus” (cite dictionary). There are really only two sides on people’s opinion on abortion; pro-life which means abortion should be outlawed and pro-choice which means a woman should be able to decide whether she wants to keep her baby. Thousands of protests and riots have begun due to the fact pro-life activists believe abortion should become illegal. Both sides bring valid points to support their decision that could sway any person’s thoughts. The Roe v. Wade law has allowed abortion to be legal in the U.S since 1973 (Chittom & Newton, 2015). The law “gives women total control over first trimester abortions and grants state legislative control over second and third trimester abortions” (Chittom & Newton, 2015). Ever since the law was put in place, millions of people have tried to overturn it and still