By Christina Tudor, 2015 YP4 Fellow
The National Women’s Law Center (NWLC) recently released a report listing all the ways in which the year old Hobby Lobby decision has opened the door to allowing religious exemptions for all sorts of things. NWLC’s report “The Hobby Lobby ‘Minefield’: The Harm, Misuse, and Expansion of the Supreme Court Decision,” highlights how the decision has set the stage for perpetuating discrimination beyond limiting access to birth control and placing restrictions on coverage.
The distortion of “religious liberty” and the Religious Freedom Restoration Act that informed the Hobby Lobby case has led to a paramedic student claiming his religious beliefs should exempt him from vaccination requirements and some religious groups refusing to provide health care services to sexually-abused refugees. It’s even been used as a defense to try to avoid criminal prosecution for a violent kidnapping.
One Supreme Court decision can do all that damage?
As Justice Ginsburg warned in her dissent, “The Court, I fear, has ventured into a minefield.”
It turns out that she was very right.
According to NWLC’s report, in the last year, there have been “attempts to use RFRA to challenge laws that: protect women, LGBTQ individuals, and students from discrimination; protect employees by allowing them to unionize; promote public health by requiring vaccinations; and require pharmacies to fill lawful prescriptions.”
Distorting the true meaning of religious liberty, the Supreme Court ruled that employers and businesses can use RFRA to justify their incompliance with the ACA. In other words, this decision gives bosses the freedom and the power to discriminate against their employees, and this disproportionately impacts women and their families.
The Hobby Lobby ruling has an even greater impact on working class women and their access to affordable, readily available birth control and health care services that they are entitled to and need. Lack of birth control access can also greatly increase economic instability, therefore further increasing inequality.
Equally troubling are objections to D.C. anti-discrimination laws by The Family Research Council, Concerned Women for America, Alliance Defending Freedom, USCCB and eleven other organizations based upon the distortion of religious liberty.
Clearly Hobby Lobby will continue to have a serious impact on men and women across the country, especially women of color and low-income women, as more individuals and companies try to deny basic rights under the mantle of “religious accommodations.”