In light of the huge decision yesterday from the Supreme Court of the United States in Hobby Lobby et al., here are portions of the dissent where Justice Ginsburg speaks so eloquently on several points -- with which I agree.
On Corporations as "people"
“In a sole proprietorship, the business and its owner are one and the same. By incorporating a business, however, an individual separates herself from the entity and escapes personal responsibility for the entity’s obligations. One might ask why the separation should hold only when it serves the interest of those who control the corporation.” – J. Ginsburg (dissent at p. 19).
“The distinction between a community made up of believers in the same religion and one embracing persons of diverse beliefs, clear as it is, constantly escapes the Court’s attention. . . . Again, the Court forgets that religious organizations exist to serve a community of believers. For-profit corporations do not fit that bill.” – J. Ginsburg (dissent at p. 17, 18).
On impact of corporate owner's religious beliefs (permitted to be exercised through a for-profit entity) on third-parties (i.e. employees)
“Importantly, the decisions whether to claim benefits under the plans are made not by Hobby Lobby or Conestoga, but by the covered employees and dependents, in consultation with their health care providers. Should an employee of Hobby Lobby or Conestoga share the religious beliefs of the Greens and Hahns, she is of course under no compulsion to use the contraceptives in question. . . . Any decision to use contraceptives made by a woman covered under Hobby Lobby’s or Conestoga’s plan will not be propelled by the Government, it will be the woman’s autonomous choice, informed by the physician she consults.” – J. Ginsburg (dissent at p. 23).
On Corporations as "people"
“In a sole proprietorship, the business and its owner are one and the same. By incorporating a business, however, an individual separates herself from the entity and escapes personal responsibility for the entity’s obligations. One might ask why the separation should hold only when it serves the interest of those who control the corporation.” – J. Ginsburg (dissent at p. 19).
“The distinction between a community made up of believers in the same religion and one embracing persons of diverse beliefs, clear as it is, constantly escapes the Court’s attention. . . . Again, the Court forgets that religious organizations exist to serve a community of believers. For-profit corporations do not fit that bill.” – J. Ginsburg (dissent at p. 17, 18).
On impact of corporate owner's religious beliefs (permitted to be exercised through a for-profit entity) on third-parties (i.e. employees)
“Women paid significantly more than men for preventive care, the amendment’s proponents noted; in fact, cost barriers operated to block many women from obtaining needed care at all. See, e.g., id., at 29070 (statement of Sen. Feinstein) (“Women of childbearing age spend 68 percent more in out-of-pocket health care costs than men.”); id., at 29302 (statement of Sen. Mikulski) (“co-payments are [often] so high that [women] avoid getting preventative and screening services] in the first place”).” – J. Ginsburg (dissent at p. 4). “It bears note in this regard that the cost of an IUD is nearly equivalent to a month’s full-time pay for workers earning the minimum wage . . . that almost one-third of women would change their contraceptive method if costs were not a factor . . . and that only one-fourth of women who request an IUD actually have one inserted after finding out how expensive it would be . . . .” – J. Ginsburg (dissent at p. 25).
“Importantly, the decisions whether to claim benefits under the plans are made not by Hobby Lobby or Conestoga, but by the covered employees and dependents, in consultation with their health care providers. Should an employee of Hobby Lobby or Conestoga share the religious beliefs of the Greens and Hahns, she is of course under no compulsion to use the contraceptives in question. . . . Any decision to use contraceptives made by a woman covered under Hobby Lobby’s or Conestoga’s plan will not be propelled by the Government, it will be the woman’s autonomous choice, informed by the physician she consults.” – J. Ginsburg (dissent at p. 23).
