by JEANENE LOUDEN, Join the Coffee Party Movement
Image thanks to Chip Somodevilla/Getty Images.
"If Hobby Lobby and Conestoga prevail, it would prompt 'a fundamental shift in the understanding of the First Amendment'," according to David Gans, the civil rights director for the Constitutional Accountability Center.
Justice Kegan: "So another employer comes in and that employer says, I have a religious objection to sex discrimination laws; and then another employer comes in, I have a religious objection to minimum wage laws; and then another, family leave; and then another, child labor laws. And all of that is subject to the exact same test which you say is this unbelievably high test, the compelling interest standard with the least restrictive alternative."
Kagan's remarks might sound familiar to the legally-trained ear. In a 1990 majority opinion in Employment Division v. Smith, Scalia alluded to the same examples of what might happen if religious entities are permitted to claim exemptions from generally applicable laws. He warned that "[a]ny society adopting such a system would be courting anarchy."