Notre Dame religious-liberty scholar (and occasional Bench Memos contributor) Rick Garnett has an excellent op-ed in the Los Angeles Times on the HHS mandate cases. Here are excerpts:
At the heart of these two cases is the straightforward argument that federal law does not require us to “check our faith at the door” when we pursue vocations in business and commerce.…
The issue is not whether groups, associations and corporations have religious freedom rights under federal law. Of course they do. After all, religious hospitals, schools, social service agencies and churches are not “individuals,” but it would be bizarre to say that they don’t exercise religion.
And the question should not be whether legal protections for religious liberty stop at the sanctuary door or evaporate when a person is trying to make a living or a business is aiming to make a profit. At a time when we talk a lot about corporate responsibility and worry about the feeble influence of ethics and values on Wall Street decision-making, it would be strange if the law were to welcome sermonizing from Starbucks on the government shutdown but tell the Greens and Hobby Lobby to focus strictly on the bottom line.
The Religious Freedom Restoration Act reaffirmed an idea that is deeply rooted in America’s history and traditions — namely, that politics and policy should respect and, whenever possible, make room for religious commitments and conscientious objections. True, religious liberty is not absolute, and, in a pluralistic society like ours, not all requests for exemptions and accommodations can, or should, be granted. Some religious liberty lawsuits will, and should, fail, but not simply because they involve what happens at work on Monday and not what happens in services on the Sabbath.