The Religious Freedom Restoration Act, passed by Congress in the 1990s with large bipartisan majorities, created a broad protection for religious liberty.
It says that government can’t create a substantial burden on someone’s exercise of religion unless it is using the least restrictive means of furthering a compelling government interest.
The court held that there are less restrictive means for the government to get women the drugs in question, including paying for them directly rather than forcing Hobby Lobby to cover them.
The cry from the left is that this constitutes the end of women’s “health” as we know it. White House Press Secretary Josh Earnest said President Obama “believes that women should make personal health-care decisions for themselves, rather than their bosses deciding for them.”
Taking this non sequitur and running with it, Sen. Patty Murray (D-Wash.) opined that the decision “takes us closer to a time in history when women had no choice and no voice.”
Of course, Hobby Lobby doesn’t have the power to deny its employees the drugs it finds objectionable, nor does it claim such a power. Women who work for the company can buy them on their own.