When I let my friends have a sip of my morning coffee



When I ask for extra shots, I’m not talking about espresso.



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Thanks bruh



vertical, personal, and beach blog △

Thanks bruh

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 ain’t sayin’ she a gold-digger but she did move west to california in 1849

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How Hobby Lobby Might Have Changed the First Amendment.

Okay, so this case wasn’t a routine first amendment case, but I think that it holds very important implications for the future of the First Amendment, including the Establishment and Free Exercise Clauses, Compelled Speech, and Freedom of Association.

Let’s start with the facts of the Hobby Lobby case: First of all it is important to consider that Hobby Lobby is NOT a non-profit religious organization. They are a private, for-profit company. This is important, because there were already exemptions provided for 501(c)(3) companies. Religious organizations operating as such (churches, etc.) don’t have to cover contraception methods that they view as immoral. (I’ll leave out corporations being considered as people. That’s stupid, and adds a complex element that I’m not sure how to address. For the purpose of my analysis, it’s going to be the religion of the owners of a company. Companies can’t have religions.) As we know, the Greens won their case, and are not required to cover contraceptive methods they view as abortive.

The Establishment and Free Exercise Clauses read as follows: Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. Where I am concerned here is that the Supreme Court has created precedent allowing for employers to stifle both of these clauses. While they did not specifically state that one religion could refuse to cover contraception, but others cannot, they are allowing employers to prevent their employees from “the free exercise thereof.”

Religious beliefs are vastly varied and there are some that insist that people do whatever it takes to keep themselves healthy. From another perspective, Jehovah’s Witnesses do not believe in blood transfusions, Christian Scientists do not believe in medical care at all, no doctors, no hospitals. Now it’s causing vast amounts of damage to someone to get an exemption for a company. (Seems like an outlandish comparison, but really it’s the same thing.)

Next up: Compelled Speech. You can’t force someone to take an oath over something they believe, whether it is direct or implied. This may turn into an implied oath very quickly. By working there you’ve agreed not to be covered for these products and that they’re immoral and so on and so forth, whether or not you actually believe it. We’ll have to wait a while to see if this happens, it’s not as clear of a connection as I originally thought it was when I began writing this little novel.

Finally, Freedom of Association. Freedom of Association is the right to join or leave groups of a person’s own choosing and for the group to take collective action to pursue the interests of members. The owners of Hobby Lobby are taking collective action to pursue their interests, not necessarily the interests of their members. The current precedent states that a private organization like the Boy Scouts of America (BSA) to exclude a person from membership when “the presence of that person affects in a significant way the group’s ability to advocate public or private viewpoints” (Boy Scouts of America v. Dale, SCOTUS, 2000).The Boy Scouts of America is a non-profit, private organization. Hobby Lobby is NOT non-profit. This ruling does not apply to them, as “members” have to apply and be considered, and are compensated. They cannot remove an employee from “membership” purely because they disagree with the religious beliefs of the founders. That violates Equal Opportunity and qualifies as discrimination. Even in an at-will state, they can’t do that.

TL;DR, If Hobby Lobby wants the “perks” that religious organizations get like contraceptive exemptions, they need to operate like one. They can’t just claim certain objections for this (like if you claim that you’re a pacifist or a quaker when you get drafted. They check.)

When I snuggle up and get ready for bed