Originally Posted by Piobaire
HB, are you saying this well reasoned pro-Obamacare defense of the issue of contraceptives and a business owner's religious beliefs is not 100% factually correct?
Someone who claims to:
Elizabeth B. Wydra is chief counsel for the Constitutional Accountability Center, a public-interest law firm, think tank and action center
Should at the very least understand that the right against self-incrimination protects statements, not documents. That's why the government gets a warrant when it wants your stuff. You don't have a right against self-incrimination to refuse to give them documents. Hell, most Courts are now requiring you to tell them your password to electronic documents even if it will incriminate you.
Business corporations, quite properly, have never shared in this fundamental constitutional tradition for the obvious reason that a business corporation lacks the basic human capacities -- reason, dignity and conscience -- at the core of the right to free exercise of religion. Obviously not "persons" in the usual sense of the word, these corporations are also not religious organizations, which have historically received some constitutional protection and are, in fact, given exemptions from the contraception mandate.
These businesses do not hire employees on the basis of their religion and their employees are not required to share the religious beliefs personally held by the corporation's owners. In all of American history, secular, for-profit corporations have never been understood to "exercise" religion -- have you ever seen Exxon Mobil in the pew next to you at church? -- and have never been protected by the right to free exercise.
That crap is just arguing by omission. She can't cite a case that says business corporations don't have religious exemptions, because it's never been challenged before. This is an un-addressed issue.
With regard to her current nonsense she's also leaving out the fact that under RFRA corporations are covered. The opinion out of the 7th shows that very clearly. http://sblog.s3.amazonaws.com/wp-content/uploads/2013/11/7th-CA-on-mandate-11-8-13.pdf
See pages 38 and 39. If Congress doesn't want the RFRA to cover corporations then all they have to do is change the law.
See, when you "have to pass a law to find out what's in it" you find out that Congresspeople and their lobbyists who draft laws are fucking dumb so shit like this always slips through.