Posted on Oct 12, 2014
Should religious businesses whose owners are opposed to war be able to deny Service-members their Veteran's rights?
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I am writing (edit: already wrote) a paper on the Hobby Lobby decision, and I know that many RP members are deeply religious. For obvious reasons, almost no RP members are conscientious objectors (i.e. opposed to all war and supporting it in any form; pacifists are one example). Do you think a religious business should be able to deny a Reservist to return to his job after a deployment? This is a hypothetical. As far as I know this has not happened yet.
The Supreme Court in Hobby Lobby said that employers can avoid statutory obligations (e.g. paying for health insurance which covers contraceptives that destroy fertilized eggs, otherwise termed "abortifacient" contraceptives) if following the law would substantially burden the exercise of their religion. In the Hobby Lobby case, the employers won and now will not have to fund insurance for abortifacients.
What about other laws, and other employers? Mennonites, for example, are conscientious objectors, and owners of large businesses. Should they be allowed to deny a Reservist's right to get his or her job back after a deployment because supporting war violates their religious principles? The law that requires this is called USERRA, you can read about it here: http://www.dol.gov/vets/programs/userra/.
There are other examples: some believe God commanded the races to remain separate (i.e. KKK); some religions do not permit vaccinations or surgery; some do not permit unwed couples to live together.
The Supreme Court in Hobby Lobby said that employers can avoid statutory obligations (e.g. paying for health insurance which covers contraceptives that destroy fertilized eggs, otherwise termed "abortifacient" contraceptives) if following the law would substantially burden the exercise of their religion. In the Hobby Lobby case, the employers won and now will not have to fund insurance for abortifacients.
What about other laws, and other employers? Mennonites, for example, are conscientious objectors, and owners of large businesses. Should they be allowed to deny a Reservist's right to get his or her job back after a deployment because supporting war violates their religious principles? The law that requires this is called USERRA, you can read about it here: http://www.dol.gov/vets/programs/userra/.
There are other examples: some believe God commanded the races to remain separate (i.e. KKK); some religions do not permit vaccinations or surgery; some do not permit unwed couples to live together.
Reserves
Law
Religion
Edited 10 y ago
Posted >1 y ago
Responses: 11
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You know, I'm going to be honest -- under the Supreme Court ruling, this very thing could feasibly happen. And it would be both ironic and appropriate -- we have opened that door. By affording rights to a corporation, and preaching about equality, this opens the door for religious-based businesses of ANY faith to discriminate. So everyone who supported this decision, don't make a big deal when it happens, or when a Muslim shopkeeper discriminates against customers because they're Christian or Jewish or whatever.
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Not sure about this exact situation, but I think Justice Ginsberg is correct in her prediction that this decision will have far more implications than anyone is seeing at the moment.
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LTC (Join to see)
That is my thought as well. On the other hand, I agree with the majority that the Religious Freedom Restoration Act was designed to accomplish exactly what it did in the Hobby Lobby case. I think the majority applied the law properly; the problem is with the law. Neither the First Amendment nor RFRA excuse conscientious objectors from paying federal taxes (which go toward funding war), so neither should excuse conscientious objector employers from employing or reemploying Reservists who fight in or support war efforts.
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They can deny service to anyone I would think if it doesn't go against title 7, not allowing someone to work there based on military service might qualify as discrimination but what would someone get by suing them, nothing outside of a minimum wage job settlement. Think of it as maybe someone who loves ISIS comes into your store and wants to buy a cake that says death to America would you deny them service based on that? (I would prob make the cake with bacon and short hairs)
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LTC (Join to see)
USERRA lawsuits can result in enormous damages. One Guardsman recently won $2 million. http://www.military.com/daily-news/2012/12/19/guardsman-wins-2m-in-post-office-userra-case.html.
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SGT Lawrence Corser
I have heard of stories like this, surprised he won anything die to the postal service being so far in debt. He did have a right to get position equal to the pay he had before. Good for him though.
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