Burwell v. Hobby Lobby: Protecting Religious Freedom in a Diverse Society
The U.S. Supreme Court decision in Hobby Lobby affirms that Americans do not relinquish their right to free exercise of religion when operating a closely-held family business. In Burwell v. Hobby Lobby Stores, Inc., the Court ruled that the government may not force religious objectors to provide coverage for four potentially life-ending contraceptive drugs and devices in their family business employee health plans.
As a part of the implementation of the Patient Protection and Affordable Care Act (PPACA), the U.S. Department of Health and Human Services (HHS) sought to provide all women access to no-cost contraception. The government pursued this policy goal by mandating that nearly every health insurance plan cover all twenty FDA-approved contraceptive drugs and devices, including four that have the potential to end unborn human life. The evangelical Green family, owners of Hobby Lobby, and the Mennonite Hahn family, owners of Conestoga Wood Specialties,do not object to all birth control.1Covering these four potentially life-ending means of contraception, however, would have violated their deeply held religious beliefs.
The Supreme Court affirmed these families’ right not to be coerced against their convictions on the basis of the federal Religious Freedom Restoration Act (RFRA). Using the strict scrutiny prescribed by RFRA, the Court concluded that the government could have used other means to pursue its policy of providing no-cost contraception to women rather than forcing these employers to advance its goal.
The Religious Freedom Restoration Act is an important law for balancing competing interests in an increasingly pluralistic society. The Supreme Court’s application of RFRA in Burwell v. Hobby Lobby is an example of the legal protection it provides for the free exercise of religion. Properly considered as a reference during the design of public policy, RFRA can also serve policymakers as a compass to avoid such conflicts in the first place. In sum, RFRA provides a critical set of tools for Americans to navigate public life together de-spite our deep differences.
