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Text of Tenth Circuit Decision in Hobby Lobby Contraceptive Mandate Case (PDF)
U.S. Court of Appeals for the Tenth Circuit June 27, 2013 165 pages. Excerpt: "The district court ruled that the corporations failed the likelihood-of-success element because even closely held family businesses like Hobby Lobby and Mardel are not protected by [the Religious Freedom Restoration Act (RFRA)]. We disagree with this conclusion and determine that the contraceptive-coverage requirement substantially burdens Hobby Lobby and Mardel's rights under RFRA. And at this stage, the government has not shown a narrowly tailored compelling interest to justify this burden.... [We] hold as a matter of statutory interpretation that Congress did not exclude for-profit corporations from RFRA's protections. Such corporations can be 'persons' exercising religion for purposes of the statute. Second, as a matter of constitutional law, Free Exercise rights may extend to some for-profit organizations." [Hobby Lobby v. Sebelius et al., No. 12-6294 (10th Cir. June 27, 2013)] |
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