Today, the U.S. Supreme Court issued a ruling in two cases, Burwell v. Hobby Lobby Stores and Conestoga Wood Specialties Corporation v. Burwell (Hobby Lobby), in which the Justices were asked to decide whether requiring a corporation to provide insurance coverage that includes contraception under the Affordable Care Act (ACA) is a “substantial burden” on the corporation with religious objections, and whether corporations are covered by the Religious Freedom Restoration Act of 1993 (RFRA). The Court ruled that closely held for-profit corporations are exempt from complying with the ACA contraception mandate based on religious belief under RFRA.
The lesbian, gay, bisexual, and transgender (LGBT) community watched this decision with bated breath. Though ostensibly about birth control, the potential ramifications of this case could have been far-reaching. Religious beliefs have long been used as a basis to deny LGBT people access to basic civil rights. In the past year alone, more than a dozen states contemplated passing laws that would have permitted business owners to deny LGBT people services if the owner cited religious reasons for their actions. In her dissent, Justice Ginsburg expresses her concern that Hobby Lobby could lead to RFRA being used to permit discrimination against minority groups including LGBT people.
Yet, in what is otherwise a very damaging decision, the Court expressly attempted to limit the implications of this ruling by explaining, “The principled dissent raises the possibility that discrimination in hiring, for example on the basis of race, might be cloaked as religious practice to escape legal sanction. Our decision today provides no such shield.” Justice Alito may have chosen race to illustrate his point, but the significance for the LGBT community is clear—employment non-discrimination laws are “precisely tailored to achieve that critical goal” of equal opportunity. Hobby Lobby will NOT serve as a free pass to utilize religion as a means of avoiding laws with which business would rather not comply.