Religion, Health, Corporations, and the Court

July 8, 2014

Last week the Supreme Court decided, under the Religious Freedom Restoration Act, known as RFRA, that Hobby Lobby, and other closely held profit making corporations, could claim religious exemptions from federal law, and they could withhold some forms of contraception from their health plans.[i]

RFRA was a reaction to a 1990 decision about Native American use of peyote at religious ceremonies in which Justice Scalia wrote for the Court that the First Amendment did not require a religious exemption for the “incidental effect of a generally applicable and otherwise valid provision.”[ii] The rule could not be targeted at any religion; it had to be “neutral.”

That seemed like a reasonable attempt to create a fair rule. But many of us reacted that there was nothing neutral in a set of rules that banned peyote but permitted wine at religious exercises, or in generally applicable rules that had obvious and discriminatory effects on Native Americans. It was a good example of how apparently neutral rules could be designed with large discriminatory consequences – think Sunday or sabbath closing laws or rules about the ways we can dress that do or don’t prevent us from wearing a yarmulka, a hajib, or a pendant with the symbols of our faiths. So Congress passed RFRA. It said people should be able to practice religion their own ways unless government had a compelling interest in making everyone conform to the general rule and there was no less restrictive way of accomplishing that purpose. RFRA was understood as restoring the rule of a Warren Court decision, Sherbert v. Verner.[iii] Read the rest of this entry »


The Anti-Union Court

July 1, 2014

The Court decided yesterday in Harris v. Quinn that at least some of the employees who work under a collective bargaining agreement don’t have to share in the costs of negotiating that agreement. The Court says it violated their First Amendment rights. How many unions and employees it will apply to is still unclear but this is not the first move the Roberts Court has made in that direction.[i] Sometimes the patterns matter much more than the individual decisions, whether good or bad. Read the rest of this entry »


Band-aids or Systemic Change

July 1, 2014

Let me try to put some things in perspective. I spent a decade in the Legal Service Program which provides lawyers for the poor, first as a store-front lawyer, then in the management of programs or running a clinic. One of the recurring issues we used to debate was whether to focus on what we called “band-aids” or systemic change.

Band aids were individual relief for individual clients, generally much easier to get, but taking quite a lot of time for the few people we could help. It was important work, very satisfying and very frustrating at the same time because we could never make a dent in the needs most of our clients had that way. Read the rest of this entry »


For a Better Education

July 1, 2014

A recent headline read, “Slow Common Core.” For quite a long time there has been a backlash against anything viewed as “too tough” for our kids. That is a tendency of living in a democracy. Anything tough for our kids is bad but at the same time they have to get a fabulous education that will equip them for life’s challenges. So the solution is teachers who can make everyone learn painlessly. And therefore, if anything goes wrong it’s the teacher’s fault, not the student’s. Read the rest of this entry »


Cooperation Required for Major Health Threats

June 10, 2014

First, it’s so good to have WAMC back doing regular programming. Congratulations all.

Many stations try to give us “news you can use,” by which they mean the things we can do for ourselves. But the things that really matter are the things that require our cooperation.

If we look at our major health threats, I think most people would name heart disease, cancer, diabetes, obesity. I sympathize with that position. With the help or advice of my doctors I’m keeping diabetes and my heart under control, partly by getting closer to what I weighed in college. So now we have a national health care system. Got those licked. Read the rest of this entry »


WAMC – An Oasis Of Sanity

June 3, 2014

This station is an oasis of sanity in a suicidal world.

So many people refuse to let the reality of climate change seep into their comfortable thoughts. But sealing their minds against reality will not keep it at bay. Changes are coming, and the more we close our minds and eyes the more serious it will be. We and our children and grandchildren are the hostages to the foolishness of our generation. This has got to stop. Read the rest of this entry »


Is Environmental Catastrophe Ringing from the Pulpit?

May 27, 2014

Let me lead with a question – Is the threat of environmental catastrophe ringing from every pulpit and ethical organization in the country? If not, why not? The Bible records many prophets and the price of ignoring them. Surely making clear the moral and religious imperative of preventing catastrophe is a basic function, a duty of the clergy. Read the rest of this entry »


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