Dissent Part 1: Burwell v. Hobby Lobby Stores (2014) Ginsburg Dissenting Opinion (Contraceptives, Employee Health Care Plan, Religious Freedom Restoration Act)

Audio of Part 1 of the primary dissenting opinion in Burwell v. Hobby Lobby Stores (2014) - written by Justice Ginsburg, with whom Justice Sotomayor joins, and with whom Justice Breyer and Justice Kagan join as to all but Part III–Section C–1.

In 2012, the nation-wide arts and crafts chain Hobby Lobby Stores, Inc., sued the Secretary of the Department of Health and Human Services, claiming that the Affordable Care Act's requirement that employment-based health care plans cover certain contraceptive methods, violated the Religious Freedom Restoration Act as well as the Free Exercise Clause of the First Amendment. The owners of Hobby Lobby argued that requiring them to provide the means by which their employees could obtain contraceptive methods that they consider to be seriously immoral, forced them to choose between exercising their religious beliefs and avoiding severe financial penalties.

When the case made its way before the Supreme Court, the question was whether the Religious Freedom Restoration Act of 1993 permitted a for-profit company - like Hobby Lobby - to deny its employees health care coverage of certain contraceptives -  based on the religious beliefs of the company's owners.

 

Access this SCOTUS opinion along with other essential case information on Oyez.

 

Music by Epidemic Sound