Tag: Government

Are Corporations People Too?: Hobby Lobby and Religious Liberty

~ Evan Lenow ~ 7 Comments

Supreme_Court_US_2010Who would have ever imagined that a craft store chain owned by a Christian family would be at the center of a Supreme Court case about sexuality, abortifacient drugs, the role of corporations, and religious liberty? Oral arguments were heard today in the Supreme Court case Sebelius v. Hobby Lobby. The central point of the case is whether or not the Green family, owners of Hobby Lobby and Mardel Christian bookstores, has the right to exercise their religious freedom in opting out of the Health and Human Services (HHS) mandate requiring employer-provided health plans to offer emergency birth control drugs at no charge to their employees. The Greens have objected on religious grounds that such emergency birth control options are tantamount to abortion and that providing abortion-inducing drugs is a violation of their deeply held religious beliefs.

Trying to predict what the Supreme Court will decide is an exercise in futility, so I will not go down that road. However, I do want to highlight a few interesting notes from today’s oral arguments.

The first is not all that surprising (and possibly not all that interesting)—the high court appears divided. From the best one can tell from the questioning, the Supreme Court is split 4-4 with Ginsburg, Breyer, Kagan, and Sotomayor apparently siding with the government and Roberts, Thomas, Scalia, and Alito leaning towards Hobby Lobby. This leaves Justice Anthony Kennedy as the deciding vote in an otherwise divided Court. This is familiar territory for the current version of the Supreme Court.

The second item of note is that the role of a corporation seems to be a big question. Some of the liberal justices seemed to imply that corporations should simply be able to pick up the tab for the healthcare expenses or fees for not providing healthcare with no impact on the business or the economy. They did not seem to take into account that these healthcare costs have to be paid by someone and that the costs would most likely be passed along to the customer. Justices Kagan and Sotomayor also pressed Paul Clement, the attorney arguing for Hobby Lobby, about whether corporations could opt out of other healthcare options for their employees. Lyle Denniston reports that they “suggested that if corporations gain an exemption from having to provide birth-control services for their female employees, then the next complaint would be about vaccinations, blood transfusions, and a whole host of other medical and non-medical services that a company or its owners might find religiously objectionable.”

On the other hand, Justice Alito pushed back against Solicitor General Donald Verrilli regarding the purpose of corporations. He asked the Solicitor General if the only purpose of corporations was to “maximize profits.” If the object is only to maximize profits, then corporations would have no other rights. However, if corporations serve other purposes, then they might have the right to protection under the free exercise of religion clause in the First Amendment.

The third item is the most interesting development in my opinion. It relates to the rights of a corporation to make a claim regarding discrimination. The government argued that for-profit corporations like Hobby Lobby have no standing to file a claim against the government based on religious discrimination. On the surface this seems to make sense because corporations are not churches, nor are they individuals with religious beliefs. However, the government has already held that corporations can file claims based on racial discrimination. In the same sense, corporations are not individuals of a particular race or ethnicity. The racial discrimination claims have typically been based on the race and ethnicity of the owners.

Applying the same standard to the religious freedom aspect of the Hobby Lobby case, it would appear that the Green family’s deeply held religious beliefs (and clear articulation of those beliefs in company documents) would provide the corporation with the same protections as those guaranteed to them as individuals. This argument could prove to be central in the upcoming decision of the Court.

Once again, we will be left to wait for months until hearing the decision of the Supreme Court that will most likely come in June. Until then, it is futile to speculate what the Court will decide. However, there is one thing that we can do. We can pray for the justices of the Supreme Court that God would grant them wisdom in judging these matters. We should pray for godly wisdom that they would rule according to God’s will. We should pray that they would value life in the way that God values life—seeing those in the womb as no different than a full-grown adult (Psalm 139:13–16).

I urge you to join me in prayer for John Roberts, Antonin Scalia, Anthony Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor, and Elena Kagan. The future of religious liberty in the United States is in their hands.
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Lyle Denniston, “Argument recap: One hearing, two dramas,” SCOTUSblog, March 25, 2014.

Derrick Morgan, Hans von Spakovsky, and Elizabeth Slattery, “How the Supreme Court Justices Reacted to Today’s Hobby Lobby Arguments,” The Foundry, March 25, 2014.

Ilya Shapiro, “Is There No Alternative to Forcing People to Violate Their Religious Beliefs?” Cato Institute, March 25, 2014.

Federal Judge Strikes Down Texas Marriage Amendment

~ Evan Lenow ~ 2 Comments

same sex marriage graphcIn what is now a string of cases decided by federal judges regarding state laws, U.S. District Judge Orlando Garcia has struck down Texas’ constitutional amendment defining marriage as a relationship between one man and one woman. After the state legislature presented the amendment in 2005, 76% of Texas voters approved the addition of the amendment to the state constitution.

Judge Garcia immediately stayed his ruling pending an inevitable appeal. This should be quite interesting considering that the man who will be responsible for the appeal, Texas Attorney General Greg Abbott, is the hands-down favorite to receive the Republican nomination for governor. Abbott will be responsible for filing the appeal while also managing his campaign against likely Democratic nominee Wendy Davis.

This case came about when a lesbian couple filed suit against the state for not recognizing their same-sex marriage performed in Massachusetts in 2009. According to the Fort Worth Star-Telegram article, the plaintiffs “argued that the state’s gay marriage ban had caused them undue hardship that other married couples do not face. For example, the couple have one child together, but because Texas does not recognize their union, only one parent’s name was allowed on the birth certificate.”

The logic of the names on a birth certificate is quite interesting.  Biologically speaking, only one of the women is the mother although it is likely they both wanted to be listed as mothers. This demonstrates how the redefinition of marriage is attempting to separate the relationship completely from any aspect of procreation. Assuming the couple used an anonymous sperm donor as the father, then standard procedure would be to list the woman who gave birth as the mother. A second mother is biologically impossible for the purposes of a birth certificate. It is unclear how this causes undue hardship related to a medical record that is intended to connect a child to his/her biological parents.

While marriage does not require procreation, separating marriage and procreation completely is illogical. Melissa Moschella has recently written that children have a right to know who their biological parents are and a right to a relationship with them. She states:

The biological parent-child relationship is uniquely intimate and comprehensive, at least from the child’s perspective. A child’s relationship to his biological parents is the closest of that child’s human relationships. It is identity-determining. To be born of different parents is to be an entirely different person. This, combined with the observation that receiving proper care is crucial for the child’s current and future well-being, implies that biological parents are the ones with the strongest obligation to ensure that their child is well-cared-for.

When someone makes the claim that they have a right to produce a birth certificate containing two mothers and no father as the biological record of the child’s birth, they undermine the right of the child to know his genetic history. If marriage includes unions other than those between a man and a woman, it undermines the creation ordinance designed to be the avenue of procreation and perpetuation of the human race. This is not an undue hardship placed on the couple by the state. It is Biology 101.

In just the last two months, marriage amendments have been overturned by judicial action in Utah, Oklahoma, Virginia, and Texas. Seventeen other states allow same-sex marriage (or are in the process of allowing it). In addition, U.S. Attorney General Eric Holder just recently told state attorneys general that they are not obligated to defend traditional marriage laws in court if they do not want to do so.

I tell my classes every semester that our children will grow up with a different understanding of marriage than what we have. I have been fighting and praying that we would be able to stave off the redefinition of marriage. Now it seems that the U.S. Supreme Court will have no choice but to hear these cases and rule on them, potentially providing a new definition of marriage.

Honestly, I am not optimistic about any future SCOTUS rulings; however, we do not place our hope in judges, governors, legislators, or presidents. Instead, our hope is in Jesus Christ, and he has already declared:

Have you not read that he who created them from the beginning made them male and female, and said, “For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh”? So they are no longer two, but one flesh. What therefore God has joined together, let no man separate. (Matthew 19:4-6)

*If you are interested in learning more about how to respond to the campaign to redefine marriage, consider attending the It Takes a Family conference on the campus of Southwestern Baptist Theological Seminary, co-hosted by the Ruth Institute and the Land Center for Cultural Engagement, on April 11, 2014. More information and registration is available by clicking here.

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Edgar Walters, “Federal judge rules Texas’ gay marriage ban unconstitutional,” Star-Telegram, February 26, 2014.

Melissa Moschella, “The Rights of Children: Biology Matters,” The Public Discourse, February 20, 2014.

Confused about Gender Confusion

~ Evan Lenow

Last week the Associated Press released the following Tweets announcing a major change to Facebook profiles:

The accompanying story describes that Facebook has introduced 50 terms for people to use in order to customize their gender. Now all you have to do is edit your personal information, select gender, and type away until you find a term that fits. Fifty different choices can certainly make you confused about gender confusion.

Now let me contrast that with something that happened to me today. I went by an early voting location in order to cast my vote in the Texas primary. Having recently moved within the county, I asked the poll worker for the form I would need to update my voter registration address. He handed me a simple yellow card with about half a dozen pieces of information to fill out. One of them was gender. There were two choices: male or female.

If Facebook is setting the trajectory for the future of gender identification, the elections commission has a long way to go. In fact, every government agency will have to update their forms and documents.

But this is a bigger issue than simply voter registration. As we have seen, the push to redefine gender apart from biology has come to the forefront in schools in California as they now must allow students to use whatever restroom or locker room they want based on gender self-identification. Imagine the little girl who finds herself in a restroom with a boy who claims to be a girl today but changes his mind tomorrow. What about the recent announcement that a 17-year-old senior boy will be playing girls’ softball this spring. Self-identifying as a female despite the biological evidence otherwise will allow this much larger male to play a sport with and against physically smaller girls.

There is no wonder that our culture is confused about gender confusion. There is no objective standard in gender self-identification. Facebook may not make the laws, but don’t surprised if in years to come you go to fill out a government form like I did today and you find many more choices in the gender section than I did today.

Thankfully, the Bible is clear on gender. There is no need for confusion regarding God’s Word. In Genesis 1:27, we read, “God created man in his own image, in the image of God he created him; male and female he created them.” God’s intent from the beginning is two genders inextricably linked to biology. No questions. No confusion.

Radical Reformation and Religious Liberty

~ Evan Lenow

Today I had the privilege of speaking in chapel at Southwestern Baptist Theological Seminary for our annual Radical Reformation Day chapel. Dr. Patterson had asked me to speak on the issue of religious liberty. You can watch or listen to the entire message here, but I also want to provide you with some highlights.

Historically, the Anabaptists fought for religious liberty all the way to the point of death. They believed that the church and state should not be wed in a way that the state enforces doctrinal purity by punishing those who believe or promote false doctrine. The Anabaptists believed that the state’s role was limited to protecting peace and order in society. Since the state could not coerce beliefs, then the Anabaptists also believed that conversion cam on the basis of persuasion through the Word of God rather than at the point of the sword. Finally, the Anabaptists taught the free exercise of religion in that heathens and heretics were to be allowed to continue in their unbelief. No one had the right to coerce them to change.

There is much more to discuss, but this gives you the historical highlights. I hope you enjoy the message as much as I enjoyed preparing and delivering it.

Radical Reformation and Religious Liberty

ObamaCare, Contraception, and the War on Women

~ Evan Lenow ~ 3 Comments

What is the war on women? The phrase has been used by various political groups to characterize attitudes related to the perspective on women’s roles in the home and workplace. In recent days, the idea of a war on women has been used to describe the debate over whether or not the Affordable Care Act (a.k.a., ObamaCare) should provide all forms of FDA-approved contraceptives to women at no cost to them. The typical accusations of a war against women have been lobbed against conservatives who seek to limit the government’s role in providing contraceptives.

Now it seems that a new front of the war on women has been opened, but this time it comes from a very unlikely place–progressives attempting to justify the contraceptive mandate of ObamaCare.

A number of articles have appeared in recent days highlighting a series of ads produced by the Colorado Consumer Health Initiative and ProgressNow Colorado. These ads seek to explain why young adults, particularly young women, should sign up for insurance on the new health exchanges.

Even though there are a few different versions, the theme of these advertisements directed at women is that you need free contraceptives in order to participate in promiscuous sexual activity without regret. Without these free contraceptives, you may not be able to “enjoy” the liberation of your sexuality.

In an interview with The Denver Post, Amy Runyon-Harms, executive director of ProgressNow Colorado, attempted to justify the ads promoting promiscuous behavior. She stated, “People get upset when you portray women as independent. We think this ad is really about healthy relationships and that people are taking control of their lives with health care.”

The problem with these ads is twofold. First, they objectify women by speaking of them in exclusively sexual terms. In one of the ads, a cut-out of Ryan Gosling is portrayed as being “excited about getting to know” the real-life girl pictured in the ad. His excitement stems from the fact that she has easy access to birth control.

This perspective on women is demeaning and unbiblical. Yes, God created man and woman with a sexual nature (He told Adam and Eve to be fruitful and multiply in Genesis 1:28). However, we are all much more than our sexuality. We are made in the image of God (Gen 1:26-27) and have value as persons in that image, not simply because we have a sexual nature.

Second, these ads promote risky sexual behavior with a false sense of security. Simply limiting the possibility of pregnancy does not make sexual activity outside of marriage safe, much less commendable. The hook-up culture of college campuses leads to a host of problems including sexually transmitted infections, pornography, emotional attachment, and potential violence. Contraceptives do not address these issues. Giving a false sense of security through free birth control pills only exacerbates the problem.

This is why God’s design for sexuality is that it should only be expressed within the context of marriage. In Hebrews 13:4 we read, “Marriage is to be held in honor among all, and the marriage bed is to be undefiled; for fornicators and adulterers God will judge.” Many people may look this verse and say that the Bible is stuck in the Dark Ages. However, the reality is that God’s design for sex exclusively within marriage is the safest and most fulfilling option.

Is there a war on women? There certainly seems to be, but it is not what you may have been led to believe. The war on women is being waged by groups like ProgressNow Colorado who view women as nothing but objects of sexual desire. Instead, we need to proclaim that women find their true value in the fact that they are made in the image of God.

*I apologize for posting the content of the ads in the pictures on this blog post, but I felt it was necessary to see that they are actually real. The rest of the ads can be found at http://www.doyougotinsurance.com.

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Kurtis Lee, “Pro-Obamacare ads targeting millennials stir controversy in Colorado,” The Denver Post, November 12, 2013.

Emily Miller, “MILLER: New Obamacare ads make young women look like sluts,” The Washington Times, November 12, 2013.