Judge Harry Edward on the D.C. Circuit had the most convincing take. While acknowledging that individual business owners, Frances and Phil Gilardi, owners of the Freshway corporation, could challenge the health care mandate, he noted three reasons why the mandate doesn’t substantially burden the business owner’s religious liberty: First, the Mandate does not require the Gilardis to use or purchase contraception themselves. Second, the Mandate does not require the Gilardis to encourage Freshway’s employees to use contraceptives any more directly than they do by authorizing Freshway to pay wages. Finally, the Gilardis remain free to express publicly their disapproval of contraceptive products. Because the business owners weren’t forced by the government personally to engage in conduct that their religious beliefs prohibit, Edwards concluded, this case differs from every case in which the Court has found a substantial burden on religious exercise.
Posted on: Fri, 29 Nov 2013 17:18:19 +0000