USA : “Rights, What Rights?”

The following news article is an example of the trends in America right now.  To understand why such trends have developed in our nation; I recommend watching the Constitutional Literacy series [constitutionreclaimed.com].

You can read the full article at CNSNews.com In a legal argument formally presented in federal court in the case of Hobby Lobby v. Kathleen Sebelius, the Obama administration is claiming that the First Amendment—which expressly denies the government the authority to prohibit the “free exercise” of religion—nonetheless allows it to force Christians to directly violate their religious beliefs even on a matter that involves the life and death of innocent human beings.

The first argument the administration makes against the owners of Hobby Lobby is that Americans lose their First Amendment right to freely exercise their religion when they form a corporation and engage in commerce. A person’s Christianity, the administration argues, cannot be carried out through activities he engages in through an incorporated business.

The second argument the administration makes to justify forcing Christians to act against their faith is more sweeping. Here the administration argues it can force a person to act against his religion so long as the coercion is done under the authority of a law that is neutral and generally applicable—in other words, as long as the law was not written specifically to persecute Christians as Christians, the government can use that law to persecute Christians.

As the mandate now stands, the Greens must begin complying with it on Jan. 1. On Nov. 11, U.S. District Judge Joe Heaton refused to grant a preliminary injunction to stop the mandate from being enforced on the Greens while the court decided their case on its merits. In his ruling on the injunction, Judge Heaton determined that the Greens were not likely to establish they had a right to “free exercise” of religion while operating Hobby Lobby.

‘[T]he court concludes plaintiffs have not established a likelihood of success as to their constitutional claims,” said Judge Heaton. “The corporations lack free exercise rights subject to being violated and, as the challenged statutes/regulations are neutral and of general applicability as contemplated by the constitutional standard, plaintiffs are unlikely to successfully establish a constitutional violation in any event.”

The Greens appealed their request for an injunction to the U.S. Court of Appeals for the 10th Circuit. A panel of two appeals court judges refused their plea. They then appealed to Supreme Court Justice Sonia Sotomayor, who sits over that circuit, and she declined to reverse the lower courts and issue an injunction.