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Mon Jun 30, 2014, 04:56 PM

Why LGBT Americans Are Leery of Supreme Court's Hobby Lobby Ruling

LGBT activists have been warning about this scenario. The Supreme Court ruled today that employers have a right to cite their religion as reason to deny employees coverage for contraception, and that leaves some wondering what comes next.

The impact of the court's 5-4 ruling is still being interpreted by legal analysts. But despite assurances from the court that its ruling is "very specific," it could still have far-reaching consequences for LGBT Americans when seeking health care or even, eventually, in their daily lives. The court said Hobby Lobby and other closely held corporations are protected from the government interfering in the exercise of their religion by the Religious Freedom Restoration Act of 1993. The Internal Revenue Service defines a closely held corporation as one in which more than 50 percent of the value of all outstanding stock is owned by five or fewer people.

Activists had warned that if Hobby Lobby and Conestoga Wood Specialties the businesses that challenged Obamacare could use their "sincerely held religious beliefs" to deny contraception to employees, then they might use the same power to deny health care to transgender people or might withhold coverage for HIV and AIDS treatment to LGBT employees.

Birth control for women is a lot like pre-exposure prophylaxis, or PReP, for gay men, for example. Truvada PReP is a pill taken daily that prevents HIV-negative men from contracting the disease during sex with other men (it can also be used by HIV-negative partners in heterosexual relationships). Hobby Lobby argued that offering coverage for certain types of contraception made them complicit in what amounted to abortion. Obviously, the Christian-owned chain of craft stores is also opposed to gay people having sex with each other, and likely wouldn't want to be complicit in that, either.

http://www.advocate.com/politics/2014/06/30/why-lgbt-americans-are-leery-supreme-courts-hobby-lobby-ruling

31 replies, 3926 views

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Arrow 31 replies Author Time Post
Reply Why LGBT Americans Are Leery of Supreme Court's Hobby Lobby Ruling (Original post)
William769 Jun 2014 OP
hollysmom Jun 2014 #1
customerserviceguy Jun 2014 #2
Justice Jun 2014 #3
customerserviceguy Jun 2014 #4
Styx Jun 2014 #8
dembotoz Jul 2014 #24
William769 Jun 2014 #5
customerserviceguy Jun 2014 #6
blkmusclmachine Jul 2014 #20
MillennialDem Jul 2014 #21
customerserviceguy Jul 2014 #25
William769 Jun 2014 #12
customerserviceguy Jul 2014 #14
genwah Jul 2014 #23
cynzke Jul 2014 #27
customerserviceguy Jul 2014 #31
brer cat Jun 2014 #7
Styx Jun 2014 #9
brer cat Jun 2014 #10
Styx Jun 2014 #11
blkmusclmachine Jul 2014 #13
davidpdx Jul 2014 #15
frazzled Jul 2014 #16
William769 Jul 2014 #17
calimary Jul 2014 #18
blkmusclmachine Jul 2014 #19
MillennialDem Jul 2014 #22
JustAnotherGen Jul 2014 #26
KoKo Jul 2014 #28
Marrah_G Jul 2014 #29
TheKentuckian Jul 2014 #30

Response to William769 (Original post)

Mon Jun 30, 2014, 05:05 PM

1. damn right , they should be as should every single person except maybe the .001%

who don't have to work for a living.

Edited because apparently I can't proof read before posting

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Response to William769 (Original post)

Mon Jun 30, 2014, 05:35 PM

2. I read the opinion

and I don't recall sexual orientation being mentioned in the majority opinion.

I see that Anthony Kennedy took great pains to write a separate opinion that indicated he was not willing to go along with anything other than the issue before him. Being as he's been the swing vote for gay rights on the SCOTUS, I'm fairly certain that he will not allow religious reasons for closely-held corporations to engage in any sort of discrimination based on sexual orientation, and he was issuing a warning shot to anyone who was tempted to do just that.

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Response to customerserviceguy (Reply #2)

Mon Jun 30, 2014, 06:43 PM

3. Think about the context. The fired/not hired employee will have to bring claim of discrimination

and expose his or her life to scrunity not to mentioned fund the litigation as the company defends itself.

Not going to happen easily.

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Response to Justice (Reply #3)

Mon Jun 30, 2014, 06:46 PM

4. True

But I would imagine that companies run by religious zealots have ways of finding out what they think is your sexual orientation before they even hire you. In any case, why would a progressive person even work for such a bigoted employer in the first place? The profits from their labor would just go to spewing religious twaddle about the inerrancy of the Bible, especially the parts that are used against gay people.

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Response to customerserviceguy (Reply #4)

Mon Jun 30, 2014, 07:28 PM

8. I've had to work for a lot of people I didn't care much for...

 

To finance my food and shelter addictions.

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Response to Styx (Reply #8)

Tue Jul 1, 2014, 10:40 PM

24. true dat and welcome to du

the question as to whether an employer is filled with right wing fruit cakes usually does not come up during the interview.
Perhaps i just never had a good way to phrase it.

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Response to customerserviceguy (Reply #2)

Mon Jun 30, 2014, 06:47 PM

5. Thats not going to stop it from happening and have to go through the courts again.

We've been down this road before.

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Response to William769 (Reply #5)

Mon Jun 30, 2014, 06:50 PM

6. Oh, we're definitely set up for more court battles

But Kennedy is clearly the swing vote, and he's drawn his line in the sand. I'm not surprised that reich wingers don't see it there, but when they lose a case on sexual orientation a year or two or three from now, they'll figure out that they should have gotten the point way back when.

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Response to customerserviceguy (Reply #6)

Tue Jul 1, 2014, 03:24 PM

20. Kennedy is NO "moderate"!!! Let's put that sham lie to rest, now, shall we?

 

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Response to blkmusclmachine (Reply #20)

Tue Jul 1, 2014, 03:52 PM

21. Agreed. Conservative with a tiny mix of libertarian on social issues at best

 

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Response to blkmusclmachine (Reply #20)

Wed Jul 2, 2014, 07:19 AM

25. Whether you want to call him a moderate or not

Clearly, he's been the swing vote in nearly all the 5-4 decisions of the current (and recent) compositions of the Court.

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Response to William769 (Reply #12)

Tue Jul 1, 2014, 07:14 AM

14. A few tweets from some twits

are nothing serious at this point. Will some fundies overreach? Sure, but they'll be slapped down long before they have a chance to get a case before the SCOTUS.

Since my earlier comments about Kennedy's warning, I've re-read the opinion, and Alito wrote that no one should use the opinion to think that discrimination will be supported for religious reasons.

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Response to customerserviceguy (Reply #14)

Tue Jul 1, 2014, 07:37 PM

23. Oh, well, since Alito said it, then it's just as good as his word on the Smith decision. No worries.

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Response to customerserviceguy (Reply #14)

Wed Jul 2, 2014, 09:37 AM

27. The Court could rule....

in favor of the corporation easily in these cases if the corporation wasn't denying LGBT employees access to health insurance, JUST PAYING FOR IT. Denying a job would be out right discrimination but refusing to pay for services (or retirement benefits) based on a religious objection could fall in line with the current ruling.

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Response to cynzke (Reply #27)

Thu Jul 3, 2014, 07:18 AM

31. That question is on the verge of becoming moot

We've clearly reached a tipping point in the US, same gender marriage is on the way to formally acquiring the same status as so-called traditional marriage, and Anthony Kennedy will be the SCOTUS Justice who finally puts the last nail in the coffin of marriage discrimination. I believe him (and the others in the majority) who warn that this decision is not to be used for the purposes of advancing discrimination.

It may well take a test case to prove that, and it wouldn't surprise me if someone managed to bring one, and the SCOTUS denied certiorari in a situation where the appellate court ruled against a firm or person doing the discrimination.

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Response to William769 (Original post)

Mon Jun 30, 2014, 07:19 PM

7. Sadly, I think this is absolutely right.

They will be after the AIDS/HIV treatment next.

K&R

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Response to brer cat (Reply #7)

Mon Jun 30, 2014, 07:33 PM

9. Also...

 

Another thing I can see them objecting to, what about HPV vaccine for teenage girls? After all, abstinence 'til marriage eliminates the need, right? HPV is a disease we could wipe out like polio, but we can't because some people don't want to acknowledge that their kids might have sex.

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Response to Styx (Reply #9)

Mon Jun 30, 2014, 07:38 PM

10. Good point, Styx.

Teenage girls need to stay pure so they for sure don't need the vaccine.

Welcome to DU. Glad to have you with us.

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Response to brer cat (Reply #10)

Mon Jun 30, 2014, 08:13 PM

11. Thank You.

 

Glad to be here, lots of interesting stuff to read and think about.

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Response to William769 (Original post)

Tue Jul 1, 2014, 06:27 AM

13. SSM loses at the Supreme Court next summer, 5-4.

 

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Response to William769 (Original post)

Tue Jul 1, 2014, 09:31 AM

15. Nothing would surprise me

I cross my fingers everyday that Scalia or Thomas will die so Obama can put another justice on the court.

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Response to William769 (Original post)

Tue Jul 1, 2014, 10:58 AM

16. They should first be leery because they have mothers, sisters, daughters

Can we please put that as a first cause? Because everyone seems to be dismissing the real impact on women that has already occurred.

Gay men and women have daughters, who may grow up to be heterosexual, and who need access to birth control. We are all in this together, folks. Support the rights women, and women will continue to support the rights of LGBT Americans. We have to help each other.

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Response to William769 (Original post)

Tue Jul 1, 2014, 11:01 AM

17. Some tweets


Matt Barber @jmattbarber
Follow
#HobbyLobby may help protect businesses from those pushing counter-biblical #LGBT lifestyle & anti-Christian agenda http://po.st/VfGRid


11:37 AM - 30 Jun 2014



Matt Barber @jmattbarber
Follow
#HobbyLobby bodes fairly well for freedom of association in context of #lgbt immorality & religious freedom http://po.st/dppPJd #tcot #p2


11:34 AM - 30 Jun 2014



Peter LaBarbera @PeterLaBarbera
Follow
LGBT Left has been winning in the courts, but now we have hope that SCOTUS will honor small biz conscience exemptions on homosexuality #tcot


12:34 PM - 30 Jun 2014


http://www.advocate.com/politics/2014/06/30/after-hobby-lobby-right-wingers-pray-gays-are-next

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Response to William769 (Original post)

Tue Jul 1, 2014, 02:56 PM

18. They're totally correct to be leery about it.

Very few even among our side view the enemy as the relentless, resourceful, sneaky-ass operatives they are. Do you think for one instant that their side will accept the purported "narrowness" of this ruling? Do you think for a single nanosecond that they'll let it rest there? Why of course! The very same way they "accepted" that Roe v Wade was settled law! How'd that work out for everybody?

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Response to William769 (Original post)

Tue Jul 1, 2014, 03:23 PM

19. I predict that SSM will lose, 5-4

 



Kennedy's no "moderate"!!!

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Response to William769 (Original post)

Tue Jul 1, 2014, 04:07 PM

22. Trans people already have to pay out of pocket for the most part anyway

 

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Response to William769 (Original post)

Wed Jul 2, 2014, 08:34 AM

26. Kick

And they should be! Plus 1000 on everything you've written here.

They are using a death by a thousand tiny cuts strategy here.

Women's rights, civili rights for minorities, GLBT rights - and we are all connected via equal pay and voting rights.

I don't post in the GLBT groups at DU because to me - a heterosexual woman - that's your place William to connect with others walking your same path in life.

But don't ever doubt that a constant poster on the AA group or HOF doesn't not see my ally in having pain inflicted on us. Their goal is to punish us ALL for what we are.


I stand wit you.

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Response to JustAnotherGen (Reply #26)

Wed Jul 2, 2014, 10:36 AM

28. Well Said...I stand with you on this, also..

It opens the door for employers "Right to Discriminate" in hiring. That the employer could have rights to hire, fire or deny health care coverage to an employee on the basis of their "Religious" beliefs about abortion opens a door that that should stay shut--or we are in danger of losing what's left of our Constitution.

That "Hobby Lobby" (according to "MoJo" article) invests and profits from the very companies who sell the products they want to deny their employees the use of shows the conflict in their ruling. "Supremes" should have checked that out....BEFORE ruling. Although "hypocrisy" is probably not on their radar.

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Response to William769 (Original post)

Wed Jul 2, 2014, 10:37 AM

29. I had no idea about the PReP pill

Thank you for posting that and yes the ruling is scary as hell for so many reasons.

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Response to William769 (Original post)

Wed Jul 2, 2014, 10:48 PM

30. Because they have at least two brain cells to rub together?

If you aren't dubious and concerned then you are stupid or shortsighted or lacking any imagination or are complicit and happy (for now, they will get you too).

Shit, this even goes for straight, white males of popular religions because once the precedents are set and advanced they will spread beyond the religious crap and go directly to controlling us all, everyone who isn't sitting on a dragon's hoard.

Women and gays are just footholds in the long war. They will curb the fuck out of everyone in due course, picking us all off one by one.

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