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Burwell Vs. Hobby Lobby Case Analysis

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Separation of Church and state should remain a priority in order to prevent prejudice of religion. In the 2014 Supreme Court ruling, Burwell vs. Hobby Lobby, Hobby Lobby was under attack for not including contraceptives in their health care. By not providing them to employees, Hobby Lobby was violating the contraceptives mandate under the Affordable Care Act (ACA) (hobbylobbycase.com). The Christian-based business fought back, arguing that it was within their religious freedom to choose not to offer something they were against.
The first amendment was not implemented only to protect the rights of each religious community, but also the rights of non-religious communities. If the issue was within a state-run establishment, it would be against …show more content…

In the case of Burwell vs. Hobby Lobby, nobody’s rights were being denied because the employees chose to work at a private, Christian organization. Each employee still had the right to find employment elsewhere. The first amendment was not put in place only to protect people from a government implemented church, but also to protect the freedom of religion for each individual. There are multiple causes for a separation between the nation’s religions and its government. In order to obtain “life, liberty, and the pursuit of happiness,” an individual has to be allowed to pursue them alongside their religion (Declaration of Independence 1776). The pursuit of happiness can be explained as the ability to pursue a successful and stable life. It is the inalienable right of the American citizen to be able to make his or her way to the top. This right, along with that of religion freedom, should not only be protected, but also coincide. The wall of separation was implemented in order to protect America. It was necessary to protect each religious community from each other, but also to protect citizens from a mandated religion. The idea was to allow religious freedom as long as it does not violate the rights of others (fee.org). These must not be ignored, but instead be more reason to separate church from

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Opinion: I believe with the ruling. I am on the same page with Justice Samuel A. Alito Jr. I agree 100% with his writing for the court, which stated that family-owned companies like Hobby Lobby should not be enforced to recompense for insurance coverage for contraception for workers over their religious oppositions. I believe that this ruling is accurate because it means that the Religious Freedom Restoration Act of 1993 is efficient and does what it says that it does.

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In 2014, Robert’s Court ruled that profit organizations should be allowed to decide whether to provide contraceptives to their employees under the Affordable Care Act. Hobby Lobby is a profit organization, but was raised on religious grounds which was the sole cause of this case. The Green family wanted to base their family business off biblical principles. All Hobby Lobby employees had Sundays off to spend time with their family.

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Their right to practice religion. Now that would be unconstitutional more than anything else. It would be breaking the constitution in more than one

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This was said becuase the 1st amendment keeps the government from determining when and how people should worship. The authorization of the law introducing a prayer was opposing what the amendment stands for therefore it was unconstitutional. Many early americans have been troubled in the past by religious enforcements and persecution. The Court declared that the Establishment Clause denies the government in having a say in religious exercises. Justice Hugo Black wrote the majority opinnion stating that the freedom of religion means that is not the government 's buisness tocompose official prayers for any group of American citizens.

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The Establishment Clause of the First Amendment was incorporated in the 1947 Everson vs Ewing Township BOE. The Establishment Clause created a basis in which states have to keep the church and state separate. In the Everson vs Ewing Township BOE case, taxpayers claimed that the governmental funding of religious private schools was against the constitution. In the constitution it says that no state can support religion and doing so with taxpayers money directly violates this statement. Due to many issues regarding the cross between religion and state, the court was forced to come up with a test to determine whether or not states were crossing the line in terms of the state's involvement in religion.

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Truly, it implied forbidding state-supported chapels, for example, the Church of England. The Supreme Court also translates the degree of the assurance stood to these rights. The First Amendment has been deciphered by the Court as applying to the whole government despite the fact that it is just explicitly relevant to Congress. However, the Court has deciphered, the due procedure provision of the Fourteenth Amendment as securing the rights in the First Amendment from obstruction by state governments. See U.S. Constitution.

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While religion is in no way defined in these two clauses, the Establishment Clause and the Free Exercise Clause, we do know that laws respecting religion 's establishment are prohibited, as are laws precluding its free exercise. The interpretation and application of the First Amendment 's religion clauses has been the peculiar province of the judiciary, especially the U.S. Supreme Court, and particularly since roughly the midpoint of the 20th century. Although several cases concerning these clauses transpired in the 19th century, the effective "making sense" of the two clauses began in the 1940s, beginning with the case of Cantwell v. Connecticut in 1940. In Cantwell, the Supreme Court ruled for the first time that the Free Exercise Clause applied to the states as well as to the national government. However, for most of the rest of the 20th century, the primary work of the Court with the religion clauses centered on the Establishment Clause, beginning with the case of Everson v. Board of Education of Ewing Township, New

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“Liberty which is essential to its existence, the other, by giving to every citizen the same opinions, the same passions, and the same interests.” One of the many issues is the ability that religion

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The federal government put this in place to keep the government from establishing a national religion and to stop it interfering with state religious issues by stating in the establishment clause, “Congress shall make no law respecting an establishment of religion”. Since the schools reciting prayer in the morning were public schools run by the government, they were breaking the First Amendment. This led Steven Engel, along with other parents, suing the school for denying their First Amendment

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Lemon V. Kurtzman is a very important court case that made it all the way to the Supreme Court. Being that it isn’t a huge case in regards to the Supreme Court it is often overlooked. But the outcome of the case changed how Americans regarding certain things regarding the constitution constitutional. The when,why,what, who,and where will show the detail of this court case and its importance.

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5. The Bill of Rights in the First Amendment states that any citizen should be free to practice which ever religion they would like. The government has the right to support any religious organization but can not show favoritism. The government must have a legitimate reason when getting involved with a religious establishment and the religion in no way can be supported to an advanced

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First Amendment The First Amendment provides: “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise.” These two clauses are referred to as the “establishment clause” and the “free exercise clause.” The free exercise clause protects the religious beliefs, and to a certain extent, the religious practices of all citizens. The more controversial Establishment Clause prohibits the government from participating in religious activities and/or organizations. Mandatory prayer in schools would constitute an improper establishment of religion and would also interfere with the free exercise rights of those students who did not believe in that particular prayer or prayer in general.

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In the first amendment the citizens of The united states are Promised a freedom to religion and speech. This touches on a person’s individualism because it shows how people in America have the choice to practice any religion they want. In america there is a wide range of religious backgrounds, nobody is forced to conform to a certain idea or following. The majority of people in america are christians but after that there are still hundreds of different religions that

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The perfect example of this issue is the Hobby Lobby case (Source #1). The issue started after the company refused to provide healthcare for their employees that support abortions. The government immediately stepped in even though it was the company 's religious beliefs. This decision should have been left to the church. The Hobby Lobby company has the right as a Christian ran business, to refuse any non-biblical procedures the government is trying to force upon

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The latter clause prohibits the government from interfering with a person 's practice of their religion (Legal Information Institution). The first amendment still applies to employees even when in the public workplace

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