So why are the Little Sisters of the Poor at the top of this post as the tsunami of Hobby Lobby coverage continues? Hang on.
So far, the mainstream press coverage of today’s U.S. Supreme Court decision (.pdf here) has been rather good. In particular, there has been a shockingly low rate of scare quotes around terms such as “religious liberty” and “religious freedom,” almost certainly because this case — in the eyes of the 5-4 majority — pivoted on issues linked to the Religious Freedom Restoration Act, a major 1993 win for the old church-state liberalism of the past (RIP).
However, note the very interesting scare quotes in the following reaction statement from Archbishop Joseph E. Kurtz of Louisville, president of the U.S. Conference of Catholic Bishops, and Archbishop William E. Lori of Baltimore, chair of the bishops’ committee for Religious Liberty.
“We welcome the Supreme Court’s decision to recognize that Americans can continue to follow their faith when they run a family business. In this case, justice has prevailed, with the Court respecting the rights of the Green and Hahn families to continue to abide by their faith in how they seek their livelihood, without facing devastating fines. Now is the time to redouble our efforts to build a culture that fully respects religious freedom.
“The Court clearly did not decide whether the so-called ‘accommodation’ violates RFRA when applied to our charities, hospitals and schools, so many of which have challenged it as a burden on their religious exercise. We continue to hope that these great ministries of service, like the Little Sisters of the Poor and so many others, will prevail in their cases as well.”
The key word is, of course, “accommodation.” In other words, the court did not deal with the Little Sisters of the Poor and appears to have left a door open for the White House to ask Hobby Lobby and other family-owned corporations to settle for the same “accommodation” it has offered to doctrinally defined religious non-profits, ministries and schools. The basic idea is that religious believers will not have to pay for services that they believe are damnable and heretical because the government will ask their insurance providers to provide these services for free (without quietly raising the rates to cover the cost).
I think major news organizations did fine with Hobby Lobby details, in part, because it was seen primarily as an extension of the whole “corporations are people too” political battles of recent years. Thus, the family-owned corporations have religious liberty rights, while massive impersonal corporations (none of which have sought exemptions) have not.
What about the doctrinally defined non-profits, the second level of this church-state fight that many journalists tend to miss?
Remember that New York Times report in 2013 noting that the White House has “excluded many religious organizations from the law’s requirements”? As I wrote at the time: