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View Diary: Hobby Lobby: Does RFRA violate the Establishment Clause? (263 comments)

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  •  Not bad questions (0+ / 0-)
    Questions for the Hobby Lobby case:

    * Jehovah's Witnesses think it is sinful to receive a blood transfusion. If a large company is run by Jehovah's Witnesses, can their employee health plan refuse to pay for transfusions?

    * Every once in awhile the news reports some child has died because his or her parents believe in using only prayer to heal diseases. These parents generally face criminal charges--they are not protected by the First Amendment. If people with this religious belief run a large company, can its employee health plan cover only prayer?

    * Is the Hobby Lobby situation different from those two examples? How?

    Presumably, the government is more likely to have a compelling interest in keeping people alive than in providing them with contraceptives.

    That said, if the law mandating insurance makes exceptions for large numbers of people (ie. everyone working for a company with less than 50 employees) then the government is going to have a hard time convincing a judge that it has a compelling interest since, if it did, it would not have made exceptions for small businesses.

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