The Supreme Court agreed Tuesday to referee another dispute over President Barack Obama’s health care law, whether businesses can use religious objections to escape a requirement to cover birth control for employees.
The justices said they will take up an issue that has divided the lower courts in the face of roughly 40 lawsuits from for-profit companies asking to be spared from having to cover some or all forms of contraception.
The court will consider two cases. One involves Hobby Lobby Inc., an Oklahoma City-based arts and crafts chain with 13,000 full-time employees. Hobby Lobby won in the lower courts.
The other case is an appeal from Conestoga Wood Specialties Corp., a Pennsylvania company that employs 950 people in making wood cabinets. Lower courts rejected the company’s claims.
The court said the cases will be combined for arguments, probably in late March. A decision should come by late June.
The cases center on a provision of the health care law that requires most employers that offer health insurance to their workers to provide a range of preventive health benefits, including contraception.
In both instances, the Christian families that own the companies say that insuring some forms of contraception violates their religious beliefs.
The key issue is whether profit-making corporations can assert religious beliefs under the 1993 Religious Freedom Restoration Act or the First Amendment provision guaranteeing Americans the right to believe and worship as they choose. Nearly four years ago, the justices expanded the concept of corporate “personhood,” saying in the Citizens United case that corporations have the right to participate in the political process the same way that individuals do.
Hobby Lobby calls itself a “biblically founded business” and is closed on Sundays. Founded in 1972, the company now operates more than 500 stores in 41 states. The Green family, Hobby Lobby’s owners, also owns the Mardel Christian bookstore chain.
The 10th U.S. Circuit Court of Appeals said corporations can be protected by the 1993 law in the same manner as individuals, and “that the contraceptive-coverage requirement substantially burdens Hobby Lobby and Mardel’s rights under” the law.
In its Supreme Court brief, the administration said the appeals court ruling was wrong and, if allowed to stand would make the law “a sword used to deny employees of for-profit commercial enterprises the benefits and protections of generally applicable laws.”
Ad-Free & Subscriber Log-In