*** Welcome to piglix ***

Burwell v. Hobby Lobby

Burwell v. Hobby Lobby
Seal of the United States Supreme Court.svg
Argued March 25, 2014
Decided June 30, 2014
Full case name Sylvia Burwell, Secretary of Health and Human Services, et al., Petitioners v. Hobby Lobby Stores, Inc., Mardel, Inc., David Green, Barbara Green, Steve Green, Mart Green, and Darsee Lett; Conestoga Wood Specialties Corporation, et al., Petitioners v. Sylvia Burwell, Secretary of Health and Human Services, et al.
Docket nos. 13-354
13-356
Citations 573 U.S. ___ (more)
134 S.Ct. 2751, WL 2921709, 2014 U.S. LEXIS 4505, 123 Fair Empl.Prac.Cas. (BNA) 621
Prior history denying preliminary injunction, 870 F. Supp. 2d 1278 (W.D. Okla. 2012), denying injunction pending appeal, 133 S. Ct. 641 (Sotomayor, Circuit Justice), reversing and remanding, 723 F.3d 1114 (10th Cir. 2013).
Subsequent history issuing injunction, No. CIV-12-1000-HE (W.D. Okla. Nov. 19, 2014).
Holding
As applied to closely held for-profit corporations, the Health and Human Services (HHS) regulations imposing the contraceptive mandate violate the Religious Freedom Restoration Act (RFRA). HHS's contraceptive mandate substantially burdens the exercise of religion under the RFRA. The Court assumes that guaranteeing cost-free access to the four challenged contraceptive methods is a compelling governmental interest, but the Government has failed to show that the mandate is the least restrictive means of furthering that interest.
Court membership
Case opinions
Majority Alito, joined by Roberts, Scalia, Kennedy, Thomas
Concurrence Kennedy
Dissent Ginsburg, joined by Sotomayor; Breyer, Kagan (all but part III-C-1)
Dissent Breyer and Kagan
Laws applied

Burwell v. Hobby Lobby, 573 U.S. ___ (2014), is a landmark decision in United States corporate law by the United States Supreme Court allowing closely held for-profit corporations to be exempt from a regulation its owners religiously object to if there is a less restrictive means of furthering the law's interest, according to the provisions of the Religious Freedom Restoration Act (RFRA). It is the first time that the court has recognized a for-profit corporation's claim of religious belief, but it is limited to closely held corporations. The decision does not address whether such corporations are protected by the free-exercise of religion clause of the First Amendment of the Constitution.

For such companies, the Court's majority directly struck down the contraceptive mandate, a regulation adopted by the US Department of Health and Human Services (HHS) under the Affordable Care Act (ACA) requiring employers to cover certain contraceptives for their female employees, by a 5-4 vote. The court said that the mandate was not the least restrictive way to ensure access to contraceptive care, noting that a less restrictive alternative was being provided for religious non-profits, until the Court issued an injunction 3 days later, effectively ending said alternative, replacing it with a government-sponsored alternative for any female employees of closely held corporations that do not wish to provide birth control. The ruling is considered to be part of the political controversy regarding Obamacare and freedoms in the United States.


...
Wikipedia

...