Sunday, April 3, 2016

4.2 Of Cheating, Stealing, Never Feeling The Pain Of A Brother, Your Dirty Mother, HA HA HA, Now Look How Far We Are Are Are, Perfect!

1.   Why are these types of Religious Freedom Restoration Acts controversial?
2.  What do Section 4  and Section 5 of the Georgia RFRA allow businesses to do?
3.  How would Georgia's laws and Atlanta's laws potentially conflict in this case?
4. Why do legal scholars doubt that these RFRAs would have a large impact?
5. Which protections exactly are given by RFRAs and how do those limit the government's powers?
6. Which types of groups typically benefit from RFRAs?
7. How do RFRA laws apply to the provisions of ACA (Obamacare)?
8. Why might the real legal issues be civil rights issues instead of civil liberties issues?

  1. The controversy in religious freedom restoration acts is that they permit a certain level of discrimination against the LGBT community to take place. Many say that they are a threat to LGBT rights.
  2. Sections 4 and 5 allow religious nonprofits to deny service based on their religious beliefs and protects the rights of these nonprofits to be able to only hire people who support and practice their faith.
  3. Atlanta has a law that would ban discrimination based on sexual orientation and gender identity in the workplace, which conflicts with the bill in Georgia.
  4. These RFRAs wouldn't have a large impact because having a large impact would hurt business interests in the state. Many businesses don't want to be associated with such states and will move out, thereby decreasing funding to the state. 
  5.  RFRAs allow businesses and nonprofit organizations to provide certain services to certain people. It limits the government because the government cannot interfere in a person or religious organization's religious rights.
  6. Religious minorities and groups are typically the ones that benefit from RFRAs.
  7. They apply to contraception and the birth control mandate of Obamacare. Some religious groups do not want to provide birth control through company insurance plans.
  8. The issues seem to be more about anti-discrimination. The real controversy is whether RFRAs allow people to discriminate against those in the LGBT community. 

4.1 If You Like Causin' Trouble Up In Hotel Rooms

1.  How does the death of Antonin Scalia impact the likely outcome of this case?
2. How does the Affordable Care Act (Obamacare) deal with contraceptives?
3. How does this possibly interfere with the Free Exercise Clause?
4. How did the ACA provide for this potential conflict?
5. What concessions did the Hobby Lobby corporation get from SCOTUS?
6. What are the arguments for Little Sisters of the Poor and similar groups?
7. How do the religious demographics of the Court potentially impact the decision in this case?
8. What are the arguments of the Solicitor General (arguing for the United States)?
9. Why is the US Government so adamant in defending this provision of the ACA? 
10. Why are LGBTQ interest groups involved?
11. Why is it unacceptable for there to be separate plans for contraception only?
12. Explain how this case represents a struggle between the religious liberty of the plaintiffs and the religious liberty of their employees.

1. The supreme court decision will probably come out as a 4-4 tie because Scalia is dead. This means whatever decision is made by the lower court directly previous to the supreme court will probably stand.

2. Employers have to provide contraception, unless a fully single belief holding owner organization does not want to, in which case they can find a provider that does not provide contraception. The employees then have to find a 3rd party organization to get their goods, if they really want them.

3. It is seen as unfair. There is a conflict in the idea of free exercise when certain accommodations are made that don't follow a certain belief's standings, but which may technically be favorable for another belief.

4. The ACA lets religious groups opt out of birth control mandate, if they fill out certain paperwork.

5. If the owner of a closely held for profit organization wants to be exempt from providing contraceptive coverage, they should be according to the Supreme Court.

6. They are a group of Catholic nuns who run nursing homes in Maryland Colorado. They and subsequent groups believe that just having to be accommodated is a violation of their beliefs. It implies an association with something, which religious groups want to avoid.

7. Most of them are old white men who are more likely to side with Hobby Lobby.

8. He argues that the accommodation plan works in parallel with the provisions in the ACA. As long as the plaintiff doesn't need to pay for plans that include contraceptive coverage, what the government tells them to do should not matter.

9. The are rock solid in their defense because otherwise the administration would have to make a different plan for them. These changes would over-complicate the ACA.

10. They are concerned for the people in their group who use contraceptives. They are also worried about the coverage of medications that many take to prevent HIV.

11. Two plans is too complicated for the supplier and the supplied. It is very impractical and probably would not even be accepted.

12. Hobby lobby's religious liberty is being able to opt out of birth control, while the employee's religious liberty is how they will be able to get health care if not from Hobby Lobby.