The basis for this forum discussion is the U.S. Supreme Court case of Burwell v. Hobby Lobby
Question:
The basis for this forum discussion is the U.S. Supreme Court case of Burwell v. Hobby Lobby Stores, Inc., also the subject of your Case Brief Assignment.
This case is about a business' leadership making real business decisions about employer-provided employee health care benefits. This decision violated a government mandate that private for-profit businesses provide certain types of birth control benefits. The company, Hobby Lobby Stores, Inc., took a stand against the government's position, based on the business owner's religious beliefs, raising a Constitutional question under the First Amendment.
Please do not simply list "questions and answers." Address these questions within an essay format.
- What are the constitutional implications on business exemplified by this case? How was the 1st Amendment involved? How was the government violating Hobby Lobby's 1st Amendment right, according to the U.S. Supreme Court?
- Hobby Lobby Stores. Inc. is a family-owned business, described as "closely held." What does this mean, i.e., what is a closely held corporation? Did this make a difference in the court's consideration of Hobby Lobby's 1st Amendment religious freedom argument? Would the same argument work for a large publicly held corporation like IBM? Should it? Why or why not? What are the social and political interests in play that the Court endeavored to balance in the legal setting?
- Should a business be able to invoke the 1st Amendment protection at all on the basis of the business owner(s)’ personal beliefs as human beings? Why or why not? If the business is a separate person, as the Court has held in finding that the business has an independent Constitutional right, how can this “corporate person,” as an entity, manifest an independent religious belief?
- Share any additional thoughts.
Introduction to Law and the Legal System
ISBN: 978-0495899334
10th Edition
Authors: Frank August Schubert