Hobby lobby and gay rights
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The president of the organization, Tony Perkins, has also developed a habit of comparing homosexuality and pedophilia. Over the course of three years, the Green family donated $2.3 billion to the National Christian Foundation. If accepted by the Court, the arguments Hobby Lobby is advancing may pose a serious threat to anti-discrimination protections for LGBTQ people.
In what will likely become a landmark case, the Supreme Court will determine (1) if corporations such as Hobby Lobby have the same religious protections as individuals under federal law, and (2) if requiring that such businesses offer plans that provide coverage for contraceptive benefits impermissibly burdens those protections.
Understandably, this case is receiving significant attention in the reproductive rights movement.
“With this decision, the IDHR has been given a clear path to enforce the Commission’s orders concerning the rights of trans persons.”
Jacob Meister, who represented Sommerville, went further, telling Bloomberg Law the decision had national implications and will “start the process of courts around the country addressing the issue of bathroom access.”
Camilla Taylor, litigation director for the LGBTQ legal advocacy group Lambda Legal, agrees the ruling could have a broad impact in a variety of areas and jurisdictions.
“I think other states will generally be able cite this ruling, because of how sweeping it is,” Taylor said.
That’s over a third of one year’s income. These barriers almost certainly would be exacerbated if employers are able to pick and choose which services are covered based on discriminatory factors. Clayton County, Georgia, determined discrimination based on sex includes sexual orientation and gender identity, it didn’t address access to sex-segregated facilities, services or sports teams.
This begs the question: if it is their money, can people tell them how to spend it? The NCF has given funds to both the Family Research Council and the Alliance Defending Freedom.
“I think that companies are [able] to be religious, but I really don’t think that an organization is a place to insert your religion, unless it’s a church,” said Christina Warren, 10.
Hobby Lobby and the owners, the Green family, mainly focus their charitable donations to Christian organizations.
On Friday, the Illinois 2nd District Appellate Court upheld a lower court decision that determined the crafts chain violated the Illinois Human Rights Act both as an employer and as a place of public accommodation.
“Sommerville is female, just like the women who are permitted to use the women’s bathroom,” the three-judge panel said in its decision.
In addition, when most people shop at big businesses, it’s because they need or want something from the store.
“You can’t argue it’s not sex discrimination to deny someone access to a bathroom or a locker room,” Taylor said.
Not only could the ruling be used by opponents of so-called bathroom bills, she added, it could be relevant to the legal fight against legislation prohibiting transgender girls from playing on female sports teams.
At least nine states have enacted such sports bans, according to the Movement Advancement Project.
“It will have big ramifications in all kinds of aspects of life — in education, in business, in gyms and sports,” Taylor said.
Fourteen faith leaders, most of whom were backed by Hobby Lobby, decided to send a letter asking for a religious exemption. They make money,” said Wunderlich.
Transgender victory over Hobby Lobby could have national impact
An appellate court deciding Hobby Lobby violated Illinois anti-discrimination law by denying a transgender employee access to the women’s restroom could have nationwide implications, experts say.
Meggan Sommerville, a trans woman who has worked at a Hobby Lobby location in Aurora for more than 20 years, has been denied access to the store’s women’s room since transitioning at work in 2010.
Attorney Whitman Brisky, who represented the company, did not immediately reply to a request for comment. How the CEO or owner benefits from their purchases is not in the forefront of their mind, but maybe it should be.
“When I was in college, that was the only option (Hobby Lobby). These segments of our community urgently need the access to contraceptive coverage that the ACA requires.
But the Hobby Lobby case threatens LGBTQ people’s reproductive rights in other, perhaps less obvious ways.
It makes clear that gender identity determines sex.”
Hobby Lobby could appeal the ruling to the Illinois Supreme Court and theoretically take it all the way to the U.S. Supreme Court. When I finished college I thought: ‘Oh good. This is the public policy of the state of Illinois.