Ron Paul: Hobby Lobby Case is About Rights, Not Contraceptives

by Ron Paul, Ron Paul Institute  |  published on December 9, 2013

hobby-lobby
One of the most important cases the US Supreme Court will consider this term is Hobby Lobby’s lawsuit challenging the Obamacare mandate that employer-provided health care plans must cover abortion and contraceptives. Hobby Lobby, a corporation owned and managed by a traditional Christian family, argues that the mandate violates their First Amendment rights.

Much of the discussion has focused on whether a corporation such as Hobby Lobby can even have First Amendment rights. But the issue of “corporate personhood” is a smokescreen. Hobby Lobby’s corporate status has no bearing on whether under Obamacare, Hobby Lobby’s owners, about whose personhood there is no doubt, have a right to run their business in a manner consistent with their moral beliefs. If the form by which Hobby Lobby did business was relevant to its right to operate free of federal interference, then Hobby Lobby could avoid the Obamacare mandate by simply reorganizing itself as a partnership or sole proprietorship.

Some Obamacare supporters cast this case as a conflict between Hobby Lobby’s First Amendment rights and the rights of its employees to contraception and abortion. Hobby Lobby is not trying to stop its employees from obtaining contraceptives and abortions; it is simply asking that the government not force it to pay for them.

Forcing Hobby Lobby to pay for abortion services is especially offensive because Hobby Lobby’s owners consider abortion a form of murder. Those who, like me, agree that abortion is an act of violence against an innocent person, will side with Hobby Lobby. However, this case is not about the legality of abortion. It is about whether someone can have a “right” to force someone else to provide him with a good or service. Therefore, even those who support legal abortion should at least support a business’s right to choose to not subsidize it.

Supporters of the mandate claim Congress has the power to create rights to privately-provided goods and services. They also say that Congress has the power to legislatively override the rights of religious liberty, property, and contract. It is fair to ask what is the source of Congress’s power to create new rights. It certainly does not originate in the Declaration of Independence, which expressly denies that rights come from the government; or from the United Stares Constitution, which nowhere granted government the power to redistribute or create artificial rights.

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