Special from SHRM’s Employment Law and Legislative Conference
Hobby Lobby is a large (3 billion plus) privately held organization with over 600 stores across the country. The company’s philosophy is imbued with the religious views of its founder David Green. For example, the number one operating principle listed on their website is “Honoring the Lord in all we do by operating the company in a manner consistent with biblical principles.”
Toobin, author of Too Close to Call, The Nine, and The Oath, offered his insights at the SHRM Employment Law and Legislative Conference, held recently in Washington, D.C.
Hobby Lobby, Toobin explains, maintains that complying with certain aspects of the Affordable Care Act would require it to violate tenets of its religious beliefs. Specifically, the company believes that certain types of birth control, e.g., the morning-after pill, constitute abortion, which, they say, is contrary to their beliefs as Christians.
Toobin says that the case, which was argued this week, will be interesting to follow because of two characteristics. First of all, there is the question of whether an organization’s religious beliefs can trump federal laws. And then second, the justices will have to decide the prickly issue of whether the objectionable treatments do constitute abortion.
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Toobin’s Supreme Court Humor
While we wait for the decision in Hobby Lobby, Toobin offers two bits of Supreme Court humor:
Justices Souter and Breyer are often mistaken for each other, says Toobin. Once, when Souter was driving to New Hampshire, he stopped at a diner and a patron said, “I know you. You’re on the Supreme Court. You’re Stephen Breyer. Not wanting to embarrass the patron, Souter said, “Yes, I am Stephen Breyer.” “What’s the best thing about serving on the Supreme Court?” the patron asked him. Souter replied, “The privilege of serving with David Souter.”
Toobin on Bush v. Gore
When Toobin was writing his book about Bush v. Gore (Too Close to Call), he wanted to interview Gore but was unable to do so. Later, he met Gore and said, “I think I’m the number one Bush v. Gore junkie anywhere. Gore responded, “You might be number two.”
Stay tuned for the outcome of Hobby Lobby.
It doesn’t seem too much for a company that takes advantage of the corporate veil for personal liability and other purposes to comply with federal rules and regulations in exchange. If a company can avoid the contraception mandate for religious reasons, why not other laws?
People will have very strongly held beliefs – that is a good thing; however, I don’t think companies, private or public, have the right to pick and choose what laws they plan to adhere to for whatever reason. There are a myriad of beliefs that people in the United States have a right to believe in and practice. Just as there are rules that Christians have to abide by, the federal government has rules, laws, regulations, etc. that its citizens have to adhere too in order that our country does not descend into chaos or we are ruled by the terror of dictators or religious fanatics (e.g., North Korea, parts of Afghanistan, etc.). Therefore, individually we have the freedom to pick and choose our belief systems, but to try to extend our choice(s) to employees who may not share our beliefs is a very slippery slope and raises images of the Nazis, Al-Qaeda, the Taliban, etc. I can not go down that road, even for Mr. Green’s best of intentions, because the end result will be something that is the contrary to the fundamental freedoms that we enjoy in this country.
Hobby Lobby is a PRIVATELY HELD company, owned by an individual who should be allowed the same religious freedoms as any other citizen. I support Mr. Green’s decision to stand by his beliefs.