New SCOTUS brief argues Hobby Lobby’s request is unconstitutional
The popular arts and crafts store Hobby Lobby is seeking a religious exemption from covering certain forms of contraception it would be required to provide under the contraception mandate of the Affordable Care Act. The case is headed to the Supreme Court, with oral arguments set to begin this spring. “Granting the exemption would shift the cost of accommodating Hobby Lobby’s religious exercise to employees who do not share its beliefs,” argues Elizabeth Sepper, JD, associate professor of law at Washington University in St. Louis. “Such cost-shifting violates the Establishment Clause.” Sepper is one of several experts who have authored an amicus curiae brief to the Supreme Court arguing the unconstitutionality of Hobby Lobby’s request.
Religious holiday displays – three wise men and a heap of legal troubles
The upcoming holiday season brings with it the
annual gaze upon religious displays — and the legal issues that come
with them. “The Supreme Court’s approach to public religious displays
under the Establishment Clause has been less than clear,” says John
Inazu, JD, expert on religion and the constitution and professor of law
at Washington University in St. Louis.“Some commentators have
described it as the ‘three plastic animals rule’ –a Christian nativity
scene on public property passes muster if it is accompanied by a
sufficient combination of Rudolph, Frosty, and their friends.” Inazu
says that future litigation will likely press against this
line-drawing, but even apparent victories for religious liberty may come
at a significant cost.