web analytics
September 2, 2014 / 7 Elul, 5774
At a Glance
InDepth
Sponsored Post
Jerusalem Mayor Nir Barkat (L) visits the JewishPress.com booth at The Event. And the Winners of the JewishPress.com Raffle Are…

Congratulations to all the winners of the JewishPress.com raffle at The Event



The Hobby Lobby Case

Last week, the United States Supreme Court heard oral arguments in a celebrated challenge by Hobby Lobby Stores, Inc. to the Affordable Care Act, popularly known as Obamacare. At issue is whether closely held for-profit corporations like Hobby Lobby – owned by a religious Christian family that opposes several forms of contraception on religious grounds – can claim a religious exemption under federal law from the so-called contraceptive coverage mandate in Obamacare based on the religious beliefs of the corporation’s principals.

The Department of Justice acknowledges that individuals can claim an exemption if they can demonstrate an adverse impact on their religious beliefs. However, the department maintains that if they choose to do business in a corporate form, a common practice in order to provide a limit on financial liability, individuals cannot make that claim on the theory that a corporation, as a legal fiction, can have no religious scruples.

In late January, The Jewish Press reported that COLPA, the National Jewish Commission on Law and Public Affairs, had submitted a friend-of-the court brief, authored by the prominent constitutional lawyer Nathan Lewin on behalf of seven major national Orthodox Jewish organizations, advising the court that if the government’s position were sustained, “observances of American Jews may be significantly curtailed.”

The brief explained that Americans who observe Jewish ritual laws, which often are at odds with standard societal practices, not infrequently operate individual or family-owned businesses and incorporate for financial security. Since Jewish law does not distinguish between individual and corporate business form for purposes of religious practice, general government regulation could create a particular dilemma for observant business owners if they are not able to claim the right to an accommodation.

Interestingly, this issue was front and center in the argument before the Court. Justices Samuel Alito and Stephen Breyer focused on the problems that would face kosher slaughterhouses that are operated as corporations. Federal and state humane slaughter laws require that an animal be stunned before the throat is cut in order to limit the pain felt by the animal. There are built-in exceptions for Jewish ritual slaughter, which requires that the animal be fully conscious, and Justices Alito and Breyer raised questions as to whether the Department of Justice’s position would in effect put kosher slaughterers out of business, since, as corporations, they could not invoke an exemption based on the religious beliefs of the owners.

A decision is expected by June. It should have a lot to say about the kinds of accommodations the law will henceforth provide for us as we navigate the intersection between our ritual requirements and standard societal practices.

About the Author:


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “The Hobby Lobby Case”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Hamas' Ismail Haniyeh would replace Abbas chairman of the Palestinian Authority if elections were held today.
Poll: Hamas Would Rule Judea and Samaria in New Elections
Latest Indepth Stories
0.5-Shekel-hatasham-RJP

The War projects to lower Israel’s 2014 GDP 0.5% but will have little influence on foreign investors

The_United_Nations_Building

It is in the nature of the Nations of the World to be hostile towards the Jewish People.

champions

Hamas and Islamic Jihad are actually fighting to “liberate Jerusalem and all Palestine.”

IDF Chief of Staff Benny Gantz reviewing maps on the Golan Heights.

The bad news is that ISIS and Al Qaeda are on the Syrian Golan. The good news is that every terrorist in Syria is killing each other.

The congregants, Ethiopians spanning generations, were beaming with joy and pride.

The withdrawal from the Gaza Strip nine years ago did not enhance Israel’s security.

How does a soldier from a religious home fall in love with a soldier from a non- religious kibbutz?

In 19th century entire ancient Jewish communities fled Palestine to escape brutal Muslim authorities

Responsibility lies with both the UN and Hamas, and better commitments should have been demanded from both parties in the ceasefire.

But the world is forever challenging our Jewish principle and our practices.

If this is how we play the game, we will lose. By that I mean we will lose everything.

Reportedly, Egypt, Saudi Arabia, and the United Arab Emirates have formed a bloc that seeks to counter Islamist influence in the Middle East.

One wonders how the IDF could be expected to so quickly determine the facts.

While there is no formula that will work for everyone, there are some strategies that if followed carefully and consistently can help our children – and us – gain the most from the upcoming school year.

More Articles from Editorial Board

Reportedly, Egypt, Saudi Arabia, and the United Arab Emirates have formed a bloc that seeks to counter Islamist influence in the Middle East.

One wonders how the IDF could be expected to so quickly determine the facts.

And why would the U.S. align itself on these issues with Turkey and Qatar, longtime advocates of Hamas’s interests?

Several years ago the city concluded that the metzitzah b’peh procedure created unacceptable risks for newborns in terms of the transmission of neo-natal herpes through contact with a mohel carrying the herpes virus.

“Friends stand together in times of crisis,” said Gov. Cuomo.

Hamas has coupled its ideological intolerance of the existence of Israel with numerous terrorist attacks and rocket launchings.

Since nothing is static in warfare, the lesson is clear: Iron Dome must be continuously improved to stay ahead of developments in any rocket technology Hamas and Israel’s other enemies might get their hands on.

The IDF pounding continued and it again seemed only a matter of time before Hamas would be forced to accept the Egyptian proposal.

Printed from: http://www.jewishpress.com/indepth/editorial/the-hobby-lobby-case/2014/04/02/

Scan this QR code to visit this page online: