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Tuesday Afternoon

(56,912 posts)
Wed Jul 2, 2014, 12:03 AM Jul 2014

Please help = Did any one hear a segment on NPR today about the peyote/religion decision?

I just heard a small piece and it seems they were trying to connect this to the Hobby Lobby Decision.

I think this is the case they were referencing = The Supreme's Smith Indian Peyote Decision

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Please help = Did any one hear a segment on NPR today about the peyote/religion decision? (Original Post) Tuesday Afternoon Jul 2014 OP
Heard it somewhere. elleng Jul 2014 #1
yes, thanks = Tuesday Afternoon Jul 2014 #2
Scalia reversed himself House of Roberts Jul 2014 #3
yes, with this Hobby Lobby, it is the opposite of what he voted on The Smith Decision, correct? Tuesday Afternoon Jul 2014 #4
As I understand it, in the Smith case House of Roberts Jul 2014 #7
How can he do that? What is his reasoning/justification/rationale for this? Tuesday Afternoon Jul 2014 #8
Well, if that Son of a Biscuit is going to get all situational on the law, MADem Jul 2014 #12
I feel ya, mon! Tuesday Afternoon Jul 2014 #16
I found this sheshe2 Jul 2014 #5
I don't understand = Tuesday Afternoon Jul 2014 #6
I know Tuesday, I'm trying to understand too. sheshe2 Jul 2014 #9
yes, late for me, too. Thanks for all the help, though Tuesday Afternoon Jul 2014 #10
The ACA didn't single out women. House of Roberts Jul 2014 #11
confused Tuesday Afternoon Jul 2014 #13
I think it's referring to the law, not the group of people kcr Jul 2014 #14
Thanks, but what I think is I need someone to break it down like I am 5 y/o. Tuesday Afternoon Jul 2014 #15

elleng

(136,365 posts)
1. Heard it somewhere.
Wed Jul 2, 2014, 12:10 AM
Jul 2014

Was behind RFRA, which was basis for Hobby Lobby.

Aftermath[edit]
Congress passed the Religious Freedom Restoration Act (RFRA) in 1993, which required the application of strict scrutiny. In response to the Supreme Court's 1997 ruling in City of Boerne v. Flores, which declared the RFRA unconstitutional as applied to the states, Congress passed the Religious Land Use and Institutionalized Persons Act (RLUIPA) in 2000, which grants special privileges to religious land owners.[4]

http://en.wikipedia.org/wiki/Employment_Division_v._Smith

Tuesday Afternoon

(56,912 posts)
2. yes, thanks =
Wed Jul 2, 2014, 12:13 AM
Jul 2014

on edit:
I tried to search NPR and my local affiliate for the segment and could not find it. That is the case they were discussing.

House of Roberts

(5,702 posts)
3. Scalia reversed himself
Wed Jul 2, 2014, 12:21 AM
Jul 2014
http://www.publiceye.org/ifas/fw/9004/court.html

In rejecting the men's claim that Oregon's law barring peyote use under all circumstances violates their religious freedom, Justice Antonin Scalia, in writing for the majority, said that the First Amendment freedom of religion does not allow individuals t o break the law: "We have never held that an individual's beliefs excuse him from compliance with an otherwise valid law prohibiting conduct that the state is free to regulate." He said it would be "courting anarchy" to create exceptions every time a reli gious group claims that a law infringes on its practices.

Tuesday Afternoon

(56,912 posts)
4. yes, with this Hobby Lobby, it is the opposite of what he voted on The Smith Decision, correct?
Wed Jul 2, 2014, 12:25 AM
Jul 2014

Am I understanding this correctly?

House of Roberts

(5,702 posts)
7. As I understand it, in the Smith case
Wed Jul 2, 2014, 12:33 AM
Jul 2014

Scalia's opinion reads that the individual's religion doesn't allow them to break a valid law.

In Hobby Lobby, Scalia has voted to allow exactly that.

I heard it this morning on Thom Hartmann.

MADem

(135,425 posts)
12. Well, if that Son of a Biscuit is going to get all situational on the law,
Wed Jul 2, 2014, 12:56 AM
Jul 2014

I think he needs to be impeached.

I think I'll become a Rastafarian and demand my right to practice my (inhale) religion (exhale) from, say, the visitor's gallery in Congress...during the morning prayer.

"Unhand me, Capitol Police...I am only practicing my (inhale) RELIGION!! (exhale)~~~! Yi feel mi, mon?"

sheshe2

(87,705 posts)
5. I found this
Wed Jul 2, 2014, 12:29 AM
Jul 2014
http://www.thetakeaway.org/story/scotus-ruling-preceeded-hobby-lobby/

The SCOTUS Ruling on Peyote that Helped Hobby Lobby Win

Tuesday, July 01, 2014

Perhaps the most closely watched case before the Supreme Court this session came down yesterday with a 5-4 split decision that allows some privately held companies to opt out of a federal mandate to offer health insurance that includes birth control.

The court ruled in favor of two Christian-owned companies, Hobby Lobby and Conestoga Wood Specialties. The businesses challenged Affordable Care Act provisions requiring them to provide contraceptive benefits for their employees.

The key component of the Court's majority decision is a decades-old law passed by Congress in 1993 called the Religious Freedom Restoration Act (RFRA). It says that if there is another way to accomplish the government's purpose with a lesser restriction on religious liberty, that is what is required.

RFRA was adopted to counteract the 1990 Supreme Court case Oregon v. Smith in which two Native American men were denied unemployment benefits because they were fired for smoking peyote as part of a religious ritual. That landmark Supreme Court case established that the government is free to enact laws that interfere with an individual's religion so long as it applies to everyone and doesn't single out a specific group.

Tuesday Afternoon

(56,912 posts)
6. I don't understand =
Wed Jul 2, 2014, 12:32 AM
Jul 2014
That landmark Supreme Court case established that the government is free to enact laws that interfere with an individual's religion so long as it applies to everyone and doesn't single out a specific group.


women aren't a specific group ... ?

sheshe2

(87,705 posts)
9. I know Tuesday, I'm trying to understand too.
Wed Jul 2, 2014, 12:37 AM
Jul 2014

I would certainly think that we (women) are a specific group...

Kinda late for me but I have still been trying to find more. I haven't seen the NPR link yet.

House of Roberts

(5,702 posts)
11. The ACA didn't single out women.
Wed Jul 2, 2014, 12:54 AM
Jul 2014

The religious objectors in Hobby Lobby were granted special privileges they wouldn't have gotten in 1990, but I guess Scalia's reasoning used this Religious Freedom Restoration Act from 1993.

I still think the individual's rights should supersede the rights of the employer. If the religious objector employers don't want to use contraception, no one is forcing them to do so. Also, no one is forcing them to buy insurance, for themselves, that covers contraception.

I'm still waiting to see how the insurance companies comply with what the Hobby Lobby folks want, and yet comply with the ACA at the same time.

kcr

(15,522 posts)
14. I think it's referring to the law, not the group of people
Wed Jul 2, 2014, 09:10 AM
Jul 2014

If the law applies to everyone equally, it can't be broken for religious purposes.

Tuesday Afternoon

(56,912 posts)
15. Thanks, but what I think is I need someone to break it down like I am 5 y/o.
Wed Jul 2, 2014, 11:05 AM
Jul 2014

I guess I need to find the time to listen to the podcast and maybe then I will understand it.

Now that I know it was Thom Hartman I can search NPR and hear the whole thing.

Maybe, that will explain it.

Thanks everyone for helping.

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