"We hold that the departments had the authority to provide exemptions from the regulatory contraceptive requirements for employers with religious and conscientious objections," Thomas wrote.Here is a case of make shit up.
What is in the Constitution about contraceptives? Nothing. A religious exemption is just that, and now it can be applied to any set of medical procedures. For example, a firm run by scientologists? Refusing to pay the medical costs of transgenderism. Refusing to pay the medical costs of venereal disease. Refusing to pay for accidents that happen on Sunday? Companies who have religious beliefs about women staying home? How about the Christian Science Monitor?
Thomas does not connect dots. He does not understand the complete picture. I am not sure of the ruling here, it needs thinking. But I am sure the 7 member majority did not connect the dots on this, you can be sure of that. Expect a raft of lawsuits for companies choosing various religions to reduce various costs.
The Sumpremes and this plots are jamming up the courts, making the federal judiciary useless.
Look at the other ruling:
The case involves the “ministerial exception” to civil rights laws. As a general rule, religious institutions have total control over whom they employ as “ministers.” That means that if a church wants to fire its preacher because of that preacher’s race or gender, it may do so, even though such discrimination ordinarily is illegal.Now what is a church or religious institution? Much of the Utah economy passes through the Mormon church in their various services. So that model applies always, and we are headed for a raft of lawsuits.
As Alito explains, the Constitution protects “the right of churches and other religious institutions to decide matters ‘of faith and doctrine’ without government intrusion.” Implicit in this right is a certain “autonomy with respect to internal management decisions that are essential to the institution’s central mission. And a component of this autonomy is the selection of the individuals who play certain key roles.”
This is an area of ambiguity, again, it is something that needs better brains then the dim bulbs we have. My first though is that enterprises need a prescription to understand what is religion and what is not. Is running a non-profit soup kitchen religion? Is a profit oriented soup line a religion? Absent a clear definition of church we got a problem. The dim bulbs are making the problem worse.
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