...Where to draw the line between government regulations and religious affiliations is a topic that has been a source of tension in the United States for the entirety of its existence. There have been numerous civil disputes over how far, if at all, the government can step across the boundaries that protect religious affiliations before infringing upon their constitutional rights. Recently, an important legal case called Burwell vs. Hobby Lobby was brought to the attention of the Supreme Court. Hobby Lobby is a family-owned Christian arts and crafts store who felt that the requiring of religious businesses to provide insurance coverage for contraception under the Affordable Care Act violated their rights under the Religious Freedom Restoration...
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...their religious beliefs and liberty, yet also the rights of women. Hobby Lobby operates as an arts and crafts company founded by David Green, and owned by the Evangelical Christian family with approximately 13,000 employees. Under the Affordable Care Act, which relies on the Health Resources and Services Administration, preventive care for women in regards to contraceptives need to be provided in specific employer-based health plans. Yet based off of Green’s religious beliefs, as well as the backing provided by the Religious Freedom Restoration Act, Hobby Lobby dropped its coverage of specific contraceptives that were deemed “abortifacients”- contraceptives that ultimately aid in abortion. Arguing that the Religious Freedom Restoration Act of 1993 prohibits the government from substantially burdening a person’s exercise of religion, Hobby Lobby cited their religious freedom under the Free Exercise Clause in the First Amendment, which they believed indicated the right to deny access to these contraceptives (Fung). On the...
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...LOBBY VS. THE AFFORDABLE CARE ACT Leonila Gonzalez oUR LADY OF THE LAKE UNIVERSITY HOBBY LOBBY VS. THE AFFORDABLE CARE ACT Leonila Gonzalez oUR LADY OF THE LAKE UNIVERSITY Businesses can be affected by many laws and mandates that are set by the state or federal government. It can be difficult for a small firm to stay in business when such mandates are passed. The Affordable Care Act was signed into law by President Obama on Mach 23, 2010. Key components to the law are improving quality and health care costs, new consumer protections and access to healthcare, and mandating that all firms provided insurance for their employees. Small Business Tax credits were also included as an incentive and a way to reduce cost for the smaller firms. (Human Health Services, 2014) In order for a firm to be exempt from providing insurance to its employees they had to be classified as a non-profit organization or a Church. A businesses classification will give them exemptions for example a non-profit organization. A non-profit organization can be defined as “an incorporated organization which exists for educational or charitable reasons, and from which its shareholders or trustees do not benefit financially” (Investor Words, 2014). Because of the mandates of the Affordable Care Act, it is now in the center of litigation in which a for-profit organization is asking for exemptions from providing women health care, contraceptives, due to the owner’s religious belief. (Reese, 2014) Can...
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... 134 S.Ct. 2751 (2014). Facts: Here we have the Green family who operates their business (Hobby Lobby) as a for- profit corporation. As doing so they feel the need to exercise their religion as Christians. So even knowing that they will lose large amounts of financial gains for closing on Sunday they still do to exercise their religion. They include biblical principles in the way that they operate their business. Who later brought action against the Health and Human Services (HHS) and other government officials and agencies, seeking declaratory and injunctive relief regarding regulation under the Patient Protection and Affordable Care Act (ACA), based on allegations of being forced to provide health care that covers contraception which violates the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act of 1993 (RFRA)....
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...teenager who was rejected for a job because she wore a head scarf. Premise 2. 8-1 decision offers a resounding reminder that generous accommodations of religious convictions especially those of a minority faith (conclusion) - is a noble American tradition. Premise 3. The decision was a victory for Samantha Elauf, who was 17 when she applied for a position at an Abercrombie & Fitch outlet in Tulsa, Okla. (Conclusion) - She was rejected after appearing at an interview wearing a modified black hijab that she regards as a "symbol of modesty in my Muslim faith." Premise 4. The issue before the Supreme Court was whether Abercrombie & Fitch could be held liable even though it didn't know for certain that (Conclusion) - Elauf's head covering was a religious observance. Premise 5. The law also can be violated, Scalia said, (Conclusion) - if an employer refuses to hire someone because of an "unsubstantiated suspicion that accommodation would be needed." Premise 6. Earlier this year, the court relied on a different federal law to hold that a state prison had to allow a Muslim inmate to grow a half-inch beard for religious reasons — (Conclusion) - even though the prison banned beards for supposed security reasons. Premise 7. The most significant example of a law accommodating religion is the 1993 Religious Freedom Restoration Act, which (Conclusion) - allows a person to opt out of a generally applicable law under some circumstances if obeying it would "substantially burden" the...
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...America was created to be a country of religious freedom, church and state overlap, with both government policy restricting religious freedoms and religious values affecting government...
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...affiliated with religious institutions are required to provide free insurance coverage for contraception to employees. (Liptak, A. 2015, November 6) The Department of Health and Human Services (DHHS) allows religious, nonprofit organizations to be exempted from directly financing access to birth control; however, the employees still have a right to birth control and the insurance companies subsidize contraceptives for the religious nonprofit organizations. (Burwell v. Hobby Lobby 2014) In the new case that will be before the Supreme Court early next year, nonprofit organizations will be arguing that the act of filing for an exemption to shift the financial requirement for employee access to birth control through employer sponsored health...
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...Civil Liberties and Civil Rights August 25, 2012 I chose the civil liberty of Freedom of Religion. I chose this topic because I feel it is very important in our world today. Today we live in a world where there are many, many religions, and where I am of the Christian religion, I respect those of other religions also. I feel like as humans, we all need something to believe in, and that is what makes me respect other religions. We all have a right to believe in what we want, whether the person beside you believes in the same thing does not really matter. To narrow it down, “The Free Exercise Clause” is also important, because with all of these religions that people are free to follow, comes different ways of following them. Say for example, a religion practices sacrificing animals, that is illegal under the Religious Freedom Restoration Act of 1993. This act states that it is illegal to sacrifice any animals under a religious belief. This also relates to religions that use illegal drugs. If the drug the religion is using is illegal, then yes, it is still illegal to use it even if for religious purposes. I think this is good, because things could get out of control really easily because of people hurting others and saying that it was their religious beliefs that had them do it, and also some could use illegal drugs and blame it on their religions. Sadly, I am certain people have actually tried this sort of thing. In Hamilton, Ontario (Canada) there is a public policy...
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...employers should have to provide contraceptives if they have religious views or not. One case in particular is Burwell v. Hobby Lobby Stores. Hobby Lobby Stores originally sued Kathleen Sebelius before Sylvia Burwell was confirmed the Secretary of the Department of Health and Human Services (Duignan). Hobby Lobby Stores sued them because they felt they should not be forced to provide contraceptives against their religious views. The Green family owns and operates Hobby Lobby Stores under Christian beliefs. Under the Patient Protection and Affordable Care Act, they must provide certain types of preventative care, including contraceptives which the Green family is against. There are exemptions available, but none are for for-profit institutions. On September 12, 2012, the Greens sued the Secretary of the Department of Health and Human Services, Kathleen Sebelius, and challenged the contraception requirement (“Burwell”). The regulation required companies with fifty or more employees to provide their employees with coverage of the 20 contraceptive methods. The Green family believed that four of these methods were abortion inducers. Therefore, the Greens believed that this was...
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...The Affordable Care Act The Legal Environment of Business September 14th, 2014 Copyright 2014 The Affordable Care Act The Affordable Care Act also called “Obamacare” which was signed by President Barack Obama in 2010. The Affordable Care Act is about the new health insurance, which aims to cover everyone in the United States. “Under the Affordable Care Act, the Federal government, State governments, insurers, employers, and individuals are given shared responsibility to reform and improve the availability, quality, and affordability of health insurance coverage in the United States.” (Reyes, 2013) This article concludes five specific provisions of the Affordable Care Act about improving the quality and efficiency of health care. After that, three regulations based on the Affordable Care Act will be discussed. Finally, the Constitutionality of the ACA will be discussed as it refers to two landmark cases. Five Provisions of the ACA There are many provisions in Affordable Care Act, and all the provisions I choose are from title III—improve the quality and efficiency of health care. In my opinion, the most important factors of health care are the quality and efficiency which are indispensable in the Affordable Care Act. My choices are about the data collection from the patient and privacy protection, the performance report, the treatment for cancer hospitals, prescription drug’s benefit and risk, and guarantee benefit for Medicare. Provision 1. SEC. 399II [42 U...
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...Baker v. Carr Facts Charles Baker (P) was a resident of Shelby County, Tennessee. Baker filed suit against Joe Carr, the Secretary of State of Tennessee. Baker’s complaint alleged that the Tennessee legislature had not redrawn its legislative districts since 1901, in violation of the Tennessee State Constitution which required redistricting according to the federal census every 10 years. Baker, who lived in an urban part of the state, asserted that the demographics of the state had changed shifting a greater proportion of the population to the cities, thereby diluting his vote in violation of the Equal Protection Clause of the Fourteenth Amendment. Baker sought an injunction prohibiting further elections, and sought the remedy of reapportionment or at-large elections. The district court denied relief on the grounds that the issue of redistricting posed a political question and would therefore not be heard by the court. Issues 1. Do federal courts have jurisdiction to hear a constitutional challenge to a legislative apportionment? 2. What is the test for resolving whether a case presents a political question? Holding and Rule 1. Yes. Federal courts have jurisdiction to hear a constitutional challenge to a legislative apportionment. 2. The factors to be considered by the court in determining whether a case presents a political question are: 1. Is there a textually demonstrable constitutional commitment of the issue to a coordinate political department...
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...The Contribution of Baptists in the Struggle for Religious Freedom A Research Paper Submitted to Dr. Jason J. Graffagnino in Partial Fulfillment of the Requirements for The Course CHHI 665 Liberty University Baptist Theological Seminary by Brian M. Hyde Lynchburg, Virginia Saturday, December 6, 2014 CONTENTS INTRODUCTION 1 IN THE BEGINNING 2 THE STRUGGLE IN ENGLAND 4 THE STRUGGLE MOVES TO THE NEW WORLD 7 CONCLUSION 11 WORKING BIBLIOGRAPHY 14 INTRODUCTION In this nation, and in much of the Western world, the right of each individual to worship as his or her own conscience dictates, or not to worship at all, is one that is all too often taken for granted. Few consider the tremendous lengths gone to and the enormous price paid by so many to obtain and preserve this right. In the United States when one does reflect on this matter his or her thoughts rightfully focus on the many men and women of the armed forces who fought to gain and keep the freedoms the citizens of this nation enjoy. What is often overlooked is the contributions of Baptists in the centuries long struggle to obtain religious freedom. Their struggle began not in the American colonies but rather in England a century earlier. “The freedom of religious belief and behavior which modern Baptists and others take for granted was forged in the crucible of persecution in seventeenth-century England” McBeth adds that, “No group can claim more credit for the Act of Toleration, passed by Parliament in 1689.” The...
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... 1838- Trail Of Tears- Despite the Supreme Court's rulings in 1831, the Cherokee had a right to stay on their lands, President Jackson sent federal troops to remove almost 16,000 Cherokee who had refused to move westward under the unrecognized Treaty of New Echota and had remained in Georgia. In May, American soldiers put most into camps where at least 1,500 died. 1883- Ex Parte Crow Dog- Sioux Indian who shot an Indian on the Rosebud Reservation, was prosecuted in federal court, found guilty, and sentenced to death. On appeal he argued that the federal government's prosecution had infringed tribal sovereignty. The U.S. Supreme Court ruled that Indians by birth are "an alien and a dependent." 1887- Dawes Act-The Dawes Act, also known as the General Allotment Act, gave the President power to take away the lands of the Indian tribes across the country by allotting 160 acres to the heads of Indian families and 80 acres to individuals. English would be the only language used at all Indian...
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...Chapter 4 Civil liberties; the protections of citizens from improper governmental action. what government cannot do. Civil Rights; the legal or moral claims that citizens are entitled to make on the government. obligations. what government must do. The federal constitution provided such rights as representation in Congress (article 1 section 2) established who can serve in congress and become president and guaranted the privilege of habeas corpus for all people (article 1 section2). The Contstitution banned the importation of slaves after 1808, but permitted the practice of slavery to continue. Dred Scott v. Sandford, supreme court ruled that a former slave was not a citized under Missouri law, could not bring suit in cort, and was his master's personal property. slavery could not be excluded from the territories. helped provoke Civil War. Equal protection clause; aa quest for civil rights in turn inspired other groups to seek new laws and constitutional guarantees of their civil rights. aided by the simplicity of the clause, guarantees to any person. Amendment 1; limits on congress Amendments 2,3,4; Amendments 5,6,7,8; limits on judiciary. Amendments 9,10; limits on the national government. The bill of rights did not become a vital instrument for the extension of civil liberties for anyone until after a civil war and 14the amendment intervened. Strict scrutiny; the most stringent standard of judicial review of a government's actions in which the government must show...
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...After a decade of unsuccessfully fighting for independence, the region in the south-east of Russia called Chechnya is under the control of its Russian-appointed leader, Ramzan Kadyrov, although separatist groups continue low-level guerrilla attacks. The southern Russian republic of Chechnya has been a boiling point for conflict for the past century. Ethnic and religious differences between the Islamic people of Chechnya have been the main reason why this has turned into such a bloody conflict. Also, jihadist groups, including those aligned with the Islamic State terrorist organization have been very active lately and have been affecting more of the region and have increased the tensions between the region of Chechnya and Russia. After the Second...
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