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Hobby Lobby Decision A Victory For All

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by Kathryn Jean Lopez

Washington, D.C. — The Independence Day celebration started early this year, on the very last day of June, in front of the Supreme Court of the United States. I got to the marble steps just a little before the ruling in the Hobby Lobby case, in which the company objected to covering some forms of birth control for its employees, citing religious reasons. Already there was a hopeful anticipation, as Kristan Hawkins from Students for Life led the students, interns, activists, wives and moms in a rally.

Also before the Court were the similar religious-liberty concerns of the Hahn family — they are Mennonites — who run a cabinet-making company in Pennsylvania. The Hahns are about the last people in the country who would have wanted to make a federal case of anything. But the federal government had forced them, along with many others whose cases are still pending, including the religious charity group Little Sisters of the Poor, into this position.

The 5-4 decision from the court vindicated the rights of such groups and dealt a blow to the Justice Department. Immediately, opponents of the ruling on the scene outside the Court — and throughout those places where we gather to opine — declared that although women were being “screwed” (the most family-friendly phrase of the online reaction), birth control is “here to stay.” This was never a question. No one’s taking away contraception access on account of the Hobby Lobby ruling, and the Greens were never advocating such a thing. The Obama administration, however, was actively denying the religious liberties of the Greens and Hahns.

In the end, the Court ruled that the Religious Freedom Restoration Act protected these family-run businesses from the coercive power of the mandate. Bill Clinton signed the legislation, which Ted Kennedy helped pass, in 1993.

Outside the Court that morning, activists representing groups including NARAL Pro-Choice America, who helped craft the mandate in the first place, were on-site, too, led by a young man screaming about birth control, as a rainbow-colored sign greeted traffic, insisting that the religious-liberty claim at issue was “Bigotry Disguised as Religion.”

In her dissenting opinion, Justice Ruth Bader Ginsburg asserted that “The exemption sought by Hobby Lobby and Conestoga would ... deny legions of women who do not hold their employers’ beliefs access to contraceptive coverage.” This portrait is an unnecessary distraction, as abortion-inducing drug and contraception coverage is not a right that people have fought and died for, while religious liberty is. We live in a time when there is a lot of confusion about fundamentals — faith, family and freedom. You don’t have to shop at Hobby Lobby to celebrate the victory won for us all before the Court.

(Kathryn Lopez is the editor-at-large of National Review Online www.nationalreview.com. She can be contacted at klopez@nationalreview.com.)

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