Vergewohltätigt die Religionsfreiheit andere Verfassungsrechte ? | huffingtonpost
Vergewohltätigt die Freiheit zur Religionsausübung andere Verfassungsrechte ?
Vergewaltigt oder vergewohltätigt ?
Does Religious Freedom Trump Other Constitutional Rights? | huffingtonpost.com James D. Zirin.
President Obama quipped the other night that he is so close to Vice President Biden that they can’t buy a pizza in Indiana–an obvious reference to Indiana’s religious freedom law permitting businesses in the state to refuse goods and services to gays on grounds of religious scruple. The recent flap in Indiana and Arkansas over religious freedom legislation, which would authorize discrimination against gays, denial of certain forms of healthcare to employees or otherwise infringe on rights embedded in the fabric of the Constitution, when required to do so by religious belief is a direct reflection of the 5-4 opinion of the Supreme Court last year in Burwell v. Hobby Lobby.
Hobby Lobby dealt with the right of an employer on religious grounds to deny Obamacare coverage to its employees if that coverage included contraceptive devices, which the employer deemed to be abortifacient. If the Court can’t make it illegal for women to avoid being pregnant, it seems determined to make it as difficult as possible for them to go freely about their reproductive lives. The Founding Fathers formed the government, among other things, „to promote the general welfare.“ In Hobby Lobby, however, the Court’s five conservative Justices don’t appear to have gotten the memo. (…….)
Religious fundamentalism is alive and well in the Supreme Court, and abortion rights are an endangered species. The interesting thing is that the terms „abortifacient,“ „Obamacare mandate,“ „accommodation,“ „buffer zone“ or „contraceptive“ were all unknown at the time of the Constitution. And there probably isn’t much that the Constitution has to do with any of it. What the Justices have done is spin out policy judgments that satisfy their particular ideological or religious leanings. And, from all indications, they will continue to do so.
Meanwhile, Indiana and Arkansas are giving their „religious freedom“ laws a rethink since powerful corporate interests think they are bad for business.
James D. Zirin, author of The Mother Court, is working on a new book about religion and the Supreme Court. Does Religious Freedom Trump Other Constitutional Rights? | James D. Zirin.