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View Diary: Hobby Lobby's Obamacare Challenge Assumes Christianity as the One True Religion (123 comments)

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  •  I don't care (9+ / 0-)

    I don't care about the religious beliefs of Hobby Lobby's owners.  I don't care if they worship a piece of moldy cheese in Seattle.  That's their business and is protected by the first amendment.  

    However, Hobby Lobby is not a person protected by the first amendment rights.  Hobby Lobby is a business entity.  It is a business governed by laws.  

    People are entitled to first amendment protections.  Business entities are not.  

    Hobby Lobby has seen the last dime from me.  If their religion is part of their business, I don't support religious organizations.  

    On the upside, is Huckabee going to hold a "quilt-a-thon" for Hobby Lobby?  Is his next step encouraging people to buy the useless crap which makes up much of what Hobby Lobby sells?  Does it come with a chicken sandwich?  

    •  If he's holding a quit-a-thon (6+ / 0-)

      he stole the idea from....DAILY KOS!

      What is truth? -- Pontius Pilate

      by commonmass on Sat Jan 12, 2013 at 07:16:14 AM PST

      [ Parent ]

    •  Hobby Lobby *Is* a Person (1+ / 0-)
      Recommended by:

      HL is a corporation.  It has personhood separate from its CEO and officers.  Every corporate business has routinely taken advantage of this fundamental principle in corporations law to shield itself from liability.  Well, there is a fundamental principle of corporate law that you can't avail yourself of the benefits of the alter-ego doctrine in one context yet disclaim it in another.  The company therefore cannot claim that the personal religious views of one of its officers binds the company while simultaneously taking advantage of the fact that if they break the law on the question of the ACA's requirements, that man cannot be held personally liable for that violation.  I'm not sure he really wants to have a lawyer pierce the veil between him and HL all that badly.

      Moreover, a corporation may speak through its control group for some purposes, but not all.  It certainly cannot if it is not in the best interests of the corporation, whose primary duty is to the shareholders, not to the corporate officers.  This is one of those times where I'd argue the corporation cannot speak on the question of religion at all.  The corporate entity s not a religious corporation, but a general one formed to serve the general public and which receives public benefits through its tax treatment for doing so in corporate form.  It cannot discriminate between either its employees or its patrons on religious grounds.  To allow the CEO to import his personal religious views onto the corporation's operations would put the corporation at odds with that fundamental principle.

      Therefore, IMO no matter what Hobby Lobby's CEO's personal religious beliefs are, they cannot legally be imputed to or effectuated by Hobby Lobby, a separate person.  Him standing up and talking about his personal religious views is completely irrelevant to whether or not the corporation has a right to try and avoid the law on religious grounds.  It doesn't.

      (BTW, I'm afraid that corporations do have 1st Amendment rights now.  We have Citizens' United to thank for that.)

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