This column by ACRU Senior Legal Analyst Ken Klukowski was published on December 28, 2012 on Breitbart.com.
“We must obey God rather than men!”–Acts 5:29.
Now that Supreme Court Justice Sonia Sotomayor has denied Hobby Lobby’s application for an emergency injunction protecting them from Obamacare’s HHS Mandate on abortion and birth control, Hobby Lobby has decided to defy the federal government to remain true to their religious beliefs, at enormous risk and financial cost.
Hobby Lobby is wholly owned and controlled by the Green family, who are evangelical Christians. The Greens are committed to running their business in accordance with their Christian faith, believing that God wants them to conduct their professional business in accordance with the family’s understanding of the Bible. Hobby Lobby’s mission statement includes, “Honoring the Lord in all we do by operating the company … consistent with Biblical principles.”
The HHS Mandate goes into effect for Hobby Lobby on Jan. 1, 2013. The Greens correctly understand that some of the drugs the HHS Mandate requires them to cover at no cost in their healthcare plans cause abortions.
Today Hobby Lobby announced that they will not comply with this mandate to become complicit in abortion, which the Greens believe ends an innocent human life. Given Hobby Lobby’s size (it has 572 stores employing more than 13,000 people), by violating the HHS Mandate, it will be subject to over $1.3 million in fines per day. That means over $40 million in fines in January alone. If their case takes another ten months to get before the Supreme Court–which would be the earliest it could get there under the normal order of business–the company would incur almost a half-billion dollars in fines. And then of course the Supreme Court would have to write an opinion in what would likely be a split decision with dissenters, which could easily take four or six months and include hundreds of millions of dollars in additional penalties.
This is civil disobedience, consistent with America’s highest traditions when moral issues are at stake. The Greens are a law-abiding family. They have no desire to defy their own government. But as the Founders launched the American Revolution because they believed the British government was violating their rights, the Greens believe that President Barack Obama and Secretary Kathleen Sebelius are commanding the Greens to sin against God, and that no government has the lawful authority to do so.
The Christian tradition of defying government commands to do something wrong goes back to the very birth of Christianity. When the apostles were ordered not to share the gospel of Jesus Christ with anyone, the Book of Acts records: “Peter and the other apostles replied: ‘We must obey God rather than men! The God of our fathers raised Jesus from the dead–whom you had killed by hanging him on a tree.'”
Eleven of the twelve apostles–including Peter–would lose their lives for the sake of spreading the gospel of Jesus Christ; only the apostle John died of old age. They were determined to obey God’s will at all costs.
This issue of civil disobedience is never to be undertaken lightly. The Bible teaches Christians to submit to all legitimate governmental authority (e.g., Romans 13:1), and so a person can only disobey the government when there is no other way to obey God.
But here in America, the Constitution is the Supreme Law of the Land, and in its First Amendment it protects against a government establishment of an official religion and separately protects the free exercise of religion. On top of that, Congress passed the Religious Freedom Restoration Act of 1993 (RFRA) to specifically add an additional layer of protection against government actions that violate a person’s religious beliefs.
The HHS Mandate is a gross violation of the religious beliefs of the Green family. The issue before the courts here is whether the Greens’ religious-liberty rights include running their secular, for-profit business consistent with their religious beliefs. In other words, is religious liberty just what you do in church on a Sunday morning, or does it include what you do during the week at your job?
The Greens are now putting their fortunes on the line to do what they believe is right. The courts should side with them, affirming a broad scope of religious liberty under the Constitution and RFRA. And the Supreme Court should resolve this matter with dispatch in their favor.
Millions of Christians across the country feel exactly the same way as the Greens. The Obama administration has issued a statist command that is a declaration of war on people of faith who object to abortion, and civil disobedience could break out all over the country unless the courts set this matter right–and quickly.