First Amendment & Freedom of Religious Practices Act
We have Hobby Lobby, one of the religious corporations suing Obamacare and seeking certiorari before the U.S. Supreme. The Greens claim to have roughly 1300 employees in this family owned business. They are not a church, this company is not run by pastors, bishops, popes or prophets. I would guess from their name, they are an arts and crafts shop, or maybe they are like most churches, political organizations, cloaked in the cloth, trying to keep the government out of their business, while they are all over the government's business or secretly trying to run the country, but tax free.
Now as I have said, statutory interpretation consists of three things: (1) the plain language of the statute or constitution; (2) intent of the framers, whether current legislative bodies or the founding fathers; and (3) the history behind the law. Let's analyze each of these three different approaches to interpreting what the law is or should be--I will qualify that, some, including judges, don't even know that the legislature is the law and rule making body for branch of the government.
The Plain Language of the First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . now, even though I have not read the Affordable Care Act, I would think it is safe to say that it doesn't establish a new religion, nor prohibiting those particular actions connected with religious worship, like reading the Bible, believing in the 10 Commandments, praying, worshiping, visiting the widow and fatherless, clothing the naked, feeding the hungry, or visiting those in prison or jail.
Now the second clause of this statement so profoundly written, would suggest that people also are free to not practice religion, but free to follow the dictates of their hearts, be it agnosticism, atheism, wicca, pantheism, natural law, philosophy, or whatever--here in Montana, which means mountains, many people here worship a God that created this beautiful state, the mountains, the streams, trees, wild life that inhabits this place, including the native Americans who truly dig all the spirits of the wild, smoke peyote, do sweat lodges, and other forms of worship.
In America, we are free to worship as we please, even become Muslims, if we want to. Therefore, what I would expect is the motive behind these corporations, religious companies, family run businesses, is they want to do exactly what they are claiming Obamacare is doing to them, force their employees to practice their, the owners, form of religion. NOW THAT IS PROHIBITED, WE ARE FREE FROM YOU FORCING US TO BE YOU!
You, your wife, your daughter, your pastor's wife, your CEO's girlfriend, don't ever have to use the options of obtaining contraceptives, but your office manager, who doesn't see things the way you do, just may! This country is based on freedom, liberty, choice, property rights, life, destiny, rights, etc. You are promoting just the opposite of that. Stop of expecting clones of yourself!
Intent Behind the First Amendment & History Behind the Amendment
You can't separate the intent and history, for to refuse to study history, you will forever remain a child! As those history buffs know, and every 5th grader that had to study American history, is that the King had made the Anglican Church the state religion. The pilgrims, left in search of religious freedom, to be Lutherans, Puritans, Quakers, Catholics, and whatever, so they left the homeland in search of religious freedom, rather than have the King dictate which church the state would attend.
While the founding fathers were religious, and all agreed to worship God and create a country as ONE NATION UNDER GOD, but they put their individual preferences, relgiously speaking, seeing they all believed in the same Christ, salvation, atonement, commonalities in all mainstream religions, for a secular approach to the business of the new nation, so there could be a more perfect union, domestic tranquility, common welfare for this eutopia they were trying to create.
Should we not also put our individual religious opinion and believes aside for the ideal of all living together, peacefully? Hobby Lobby, you are the one out of line and in violation of the first amendment and the Freedom of Religious Practices Act, not the government, the health care laws, the U.S. Supreme Court! Do we really need to waste the Courts time with this . . . you are defending the indefensible!
This is PREVENTATIVE Health Care! And Not Just for the Individual!
You are the same people who scream about teen pregnancy, unwed mothers, latch key kids, abortion, partial birth abortions, family leave, welfare, the crime rate, the 47%, but you don't want to accept the fact that many people were not raised like you were, don't believe the same things as you do, don't have the same moral codes, values, teachings or religious and political propensities, and might actually have a good sex life, with multiple partners. We are talking preventative health care for the nation . . .
The United States of America, has always protected the rights of the minority--we don't believe in preacher pounding bigots, demanding a culture of vanilla ice cream, some of us, like 31 flavors better. And that protection extends to religion, or the lack thereof--you don't get to dictate what we believe, even if we are employed by you.
This new law is not telling you how to believe, it is telling you that, contraceptives can prevent unwanted pregnancies, abortions, and the like--YOU SHOULD BE THE ONES MOST FOR THIS, PRO LIFERS!
General Rule Behind the 1st Amendment--You Can Believe Anything You Want, But When You Cross the Line to Actions that Violate the Laws of the United States, We Will Stop You!
One of the most profound examples of this doctrine and direction is the Mormon Church and the practice of polygamy. At the time Utah was trying to become a state, not a territory, and were drafting their state constitution, to be accepted and approved by the Union or the United States already members of this country, Senator Reed and other Mormons, through the Reynolds test case for polygamy, were told by the Supremes, just that . . .
Each man cannot become a law unto themselves, they can believe anything they want; however, when they cross the lines, and beliefs become actions that violate the laws of this country, which polygamy does, not to mention the Utah Constitution, that forbids polygamy forever, or prohibits it forever--you have a problem! That was actually a condition for statehood, prohibiting the practice of polygamy, and curtailing an appetite for that action, took the state about 50 years for Utah to become a state.
The state was settled starting in 1847, but the constitution was not accepted and ratified until 1896, if my math is right, they fought for their religious freedom for 50 years. But guess what protected founder and first prophet of the Mormon Church, Joseph Smith and crew, from being exterminated by Governor Boggs and crew, was, in fact the U.S. Constitution.
Practice What You Preach
For all you religious scholars, and the 70% of the FBI, CIA and NSA, who are Mormons, read the 98th Section of the Mormon Doctrine of Covenants, which was written during a time of religious persecution--befriend the Constitution, anything more or less than this is evil. And if you elect unrighteous leaders, the people will suffer--and you might want to re-exam who is a righteous leader and who is not. Or you may like to look at section 100 or 101:70, I think, that document is inspired by God; therefore, to disobey the principles and concepts, is indeed evil and wrong.
Forcing others into your religious, political/religious beliefs, company policies, according to modern scripture is evil. Christ came to set us free, we do the crime, he does the time, so why in the hell, do you think, you are in a position as a boss, CEO, office manager, family owned and operated business, to dictate someones beliefs and religious practices. And to fire someone for exercising precautions and safe sex from pregnancy, or refuse to obey the laws of the land, is Un-American at best.
Try the Iatoyla, the Shaw of Iran, the Taliban, Al Queda in their jihadist movement against western thought, as your friends, maybe you can butcher those who oppose you, or chose to take control of their reproductive lives, sex lives, religious lives, or maybe the high court can actually allow your employees to enjoy freedom from YOU!!! Get a clue.
As My Papa Taught Me--YOUR RIGHTS STOP AT THE END OF YOUR NOSE!
This is outside of your jurisdiction as a boss, company, corporation, business, owner, etc.--the human body is a temple of God, there is only one person who has jurisdiction over their body, you guessed it, them. If men, even religious men, think about sex every 20 seconds, protect your assets, your employees, both male and female--a baby is much more expensive than contraceptives, and you already don't agree with abortion, but for those who disagree with you, and may actually be an employee, stop an abortion--Mustang Sally rides on . . . stop praying after the fact at the abortion clinics, prevent abortion!
May be an image you want to keep in your mind, or ears, is the audio tape the jurors in a Texas courtroom, heard FLDS Prophet, Warren Jeffs, grunting and groaning over a 12 year old girl, allegedly one of his spiritual wives, and after 21 minutes of sexual assault and rape, ending with Jeffs saying Amen, followed by three women, and I would venture a guess that one of those was most likely the victim's mother, who was also one of Jeff's wives, all echoed an unanimous Amen!
You are defending this man's right to practice his religion, regardless of the laws of the land--REALLY? That may be taken to the extreme, but really not, he believes in polygamy and rape of 12 year olds and acted, but guess what, the state of Texas said, not only NO, but Hell NO! Utah overturned his conviction . . . well they would like you to believe like they do, will you, do you want to? Well-being for all!
U.S. Supreme Court Should Say Amen to These Challenges to Obamacare
There is another concept promoted and ruled by the U.S. Supreme Court, and that is a separation of church and state, while not in the plain language of the Constitution, the Court has interpreted the first amendment to mean that. The founding fathers intended a wall of separation between church & state, and for damned good reason. You can call it the 30% religious psycho factor you deal with, when dealing with religious people, hell bent on getting their way, so everyone worships like they do.
Now one of the best examples of the reaction to a hot topic and handled well, by the seasoned politician, was displayed, or the right attitude was portrayed by the Vice President, Joe Biden, when he was asked during the vice presidential debate against Mitt Romney's running mate in the 2012 elections, Paul Ryan. The commentator asked them, if they were elected would women need to worry about their right to an abortion be threatened.
Help A Senior Citizen is Abusing A Child
This was a tweet that came after the debate. But both men are strong Catholics and devout in their beliefs, one is willing to let others have their beliefs, recognizes the differences, and will not let his personal or religious beliefs affect his decisions in the office. While personally against abortion, women would not have to worry, abortion rights would be upheld and safe in the Obama Administration.
The child on the other hand, said, that he was personally against abortion, both from his religious beliefs but in his personal beliefs, and yes, women would have to worry. He and Mitt Romney would try to reverse Roe v. Wade and Casey v. Planned Parenthood, or the law on abortion. That is an example of letting beliefs become actions, and that action is his vote, or his political influence, and power, to not only disobey the law, but outright go to war against it, reverse it. Stari decisis--the issue has already been decided, ditto for health care!