• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy

Towleroad Gay News

Gay Blog Towleroad: More than gay news | gay men

  • Travel
  • Sports
  • Law/Justice
  • Celebrities
  • Republicans
  • Madonna
  • Books
  • Men
  • Trans Rights
  • Royals
  • Monkeypox
  • Sophia Bush’s girlfriend ‘proud’ the actress has opened up about coming out as queer
  • Mel B declares she’ll ‘always be open’ when it comes to her sexuality!
  • Megan Thee Stallion being sued for ‘forcing cameraman watch her having lesbian sex!’

LGBT Legal Activists Brace for Religious Rulings from SCOTUS

Lisa Keen, Keen News Service June 10, 2014

BY LISA KEEN

SupremesJune is the final month of the U.S. Supreme Court's current session and, while anticipation is not nearly so great this year for the LGBT community as it was last year, there is some concern in the air.

Last year, the wait was about marriage: whether the Supreme Court would declare the Defense of Marriage Act and California's ban on same-sex couples marrying to be unconstitutional. It declared DOMA unconstitutional and, on a legal technicality, it allowed a lower court decision striking California's Proposition 8 to stand.

This year, anxiety surrounds two consolidated cases in which employers are seeking the right to discriminate against employees in the provision of health benefits based on the company owner's personal religious beliefs. It is the type of conflict –religious beliefs versus non-discrimination laws– that has arisen time and again in recent years by employers seeking to discriminate against LGBT people.

HobbylobbySebelius v. Hobby Lobby Stores and Conestoga Wood v. HHS are lawsuits brought by the owners of for-profit commercial enterprises –a furniture maker, an arts and craft store, and a bookstore (the latter selling Christian-oriented books). The owners of the company object to a requirement by the Affordable Care Act that employers' health plans include coverage for contraception. They say they're not trying to stop the use of contraception; they just don't want to be involved in funding it.

The Family Research Council submitted a brief in support of the Hobby Lobby employers, arguing that “commercial activity does not preclude or excuse religious observance and often can be a means of exercising religion.”

But an article on salon.com reported the Hobby Lobby and  Conestoga owners are involved in political efforts to stop the use of contraception, as well as marriage for same-sex couples, through its donations to the National Christian Charitable Foundation, which funnels millions of dollars into organizations such as the Alliance Defending Freedom which has defended many state bans on same-sex marriage.

LGBT legal activists seek two major concerns with a ruling in favor of the employers in these cases. One is that it could open the door for employers to seek exemptions from providing coverage for other health benefits, such as coverage for the same-sex spouses or partners of employees, reproductive services for lesbian couples, testing and treatment for men at risk of HIV infection, transgender treatment for people with gender dysphoria. And the other is that employers and individuals might seek exemptions to other laws, such as laws prohibiting discrimination based on sexual orientation and gender identity.

Johnson“Given these implications, the Hobby Lobby case is indeed another major moment for the LGBT community,” wrote National Center for Lesbian Rights Policy Counsel Ashland Johnson (pictured, right), in an article for NCLR's website. “The Supreme Court's resolution of the case will directly affect our reproductive rights and other health care needs. Equally concerning, it could result in devastating exceptions to protections for LGBT people at the state and local level, jeopardizing literally decades of advocacy and progress.”

Following oral argument in March, Lambda Legal's director of Law and Public Policy, Jenny Pizer, expressed concern that the court may give certain for-profit companies –those closely held by families or small groups of people (also known as S-corporations)— the ability to claim the same sort of religious exemption to ACA that is currently afforded to religious institutions.

“If they say any for-profit can claim religious [exemptions], obviously, that's very bad,” said Pizer in March. “If they say only S-corporations can have a religious exemption, that's less bad, but it's still bad. There are an awful lot of family-owned businesses.”

Adding to that worry: On May 5, the Supreme Court surprised some when it ruled in favor of allowing a town board in Greece, New York, open its meetings with a prayer that is specific to a particular religion, usually Christianity.

Kennedy“To hold that invocations must be nonsectarian would force the legislatures that sponsor prayers and the courts that are asked to decide these cases to act as supervisors and censors of religious speech, a rule that would involve government in religious matters to a far greater degree than is the case under the town's current practice of neither editing or approving prayers in advance nor criticizing their content after the fact,” wrote Justice Anthony Kennedy for a 5 to 4 majority in Town of Greece v.  Galloway.

Other decisions LGBT legal activists will likely be watching for in the next few weeks include:

National Labor Relations Board v. Noel Canning. The case involves the president's right to make appointments during Congressional recess – a tool President Obama has used to get a number of openly gay people into positions. He used it to get lesbian legal activist Chai Feldblum cleared onto the Equal Employment Opportunity Commission and to install gay nominee Richard Sorian as assistant secretary for public affairs at the Department of Health and Human Services.

McCullen v. Coakley. The Gay & Lesbian Advocates & Defenders, the National Gay and Lesbian Task Force, and the National Center for Lesbian Rights both signed onto a friend-of-the-court brief in support of a Massachusetts that attempts to protect the safety of women seeking abortions by creating a 35-foot setback for any protest outside such facilities.

Riley v. California. No LGBT group filed a brief in this case, but the gay friendly American Library Association did, arguing that police should not have a right to search a person's smartphone contents without a warrant, incident to an arrest. Noting that smartphone users store sensitive personal data about themselves and their interests on their smartphones, the ALA brief said, “Smartphones are personal computers in every sense of the word: if every arrest of a person with a smartphone … allows police officers to rummage painstakingly and intrusively through the contents of personal libraries, the loss of constitutionally protected privacy will be great indeed.”

© 2014 Keen News Service. All rights reserved.

Topics: Business, News, Religion, Supreme Court More Posts About: Law - Gay, LGBT, Law - Gay, LGBT, News

Related Posts
  • Russia Blocks Facebook, Accusing it of Restricting Access to Russian Media;
  • Duran Duran Has New Music And You Are About To Enjoy it. It’s 2021. Seriously.
  • ‘Mayor Pete’ Trailer; Papa Pete Pwns Tucker; 4-Stars for Dr. Rachel Levine; JoJo Siwa’s Perfect 10s; Lynda Carter’s 8 Wonder-full Words: GOOD NEWS
  • Mel B declares she’ll ‘always be open’ when it comes to her sexuality!

    Mel B declares she’ll ‘always be open’ when it comes to her sexuality!

    Published by BANG Showbiz English Mel B will “always be open” when it comes to her sexuality. The Spice Girls singer, 48, who reunited with her bandmates including the group's ex-singer Victoria Beckham for the fashion …Read More »
  • Megan Thee Stallion being sued for ‘forcing cameraman watch her having lesbian sex!’

    Megan Thee Stallion being sued for ‘forcing cameraman watch her having lesbian sex!’

    Published by BANG Showbiz English Megan Thee Stallion is being sued for allegedly creating a hostile work environment and forcing her cameraman to watch her having lesbian sex. The 29-year-old ‘Savage' rapper faces the salacious claims …Read More »
  • Mean Girls star Jonathan Bennett recalls the moment his life ‘changed forever’

    Mean Girls star Jonathan Bennett recalls the moment his life ‘changed forever’

    Published by BANG Showbiz English Jonathan Bennett's life was “changed forever” by his role in ‘Mean Girls'. The 42-year-old actor starred as heartthrob Aaron Samuels in the 2004 cult classic – which followed Lindsay Lohan, Rachel …Read More »
  • Sir Elton John sent Lance Bass gift basket to celebrate coming out

    Sir Elton John sent Lance Bass gift basket to celebrate coming out

    Published by BANG Showbiz English Sir Elton John sent Lance Bass a gift basket after he came out as gay. The 44-year-old NSYNC star revealed the legendary singer showed his support when Lance decided to reveal …Read More »
Previous Post: « Tony Perkins: Gays Will Soon ‘Start Rolling Out the Boxcars’ for Anti-Christian Holocaust – VIDEO
Next Post: Hong Kong Denies Britons the Ability to Marry at British Consulate »

Primary Sidebar

Most Recent

  • Sophia Bush’s girlfriend ‘proud’ the actress has opened up about coming out as queer

    Sophia Bush’s girlfriend ‘proud’ the actress has opened up about coming out as queer

  • Mel B declares she’ll ‘always be open’ when it comes to her sexuality!

    Mel B declares she’ll ‘always be open’ when it comes to her sexuality!

  • Megan Thee Stallion being sued for ‘forcing cameraman watch her having lesbian sex!’

    Megan Thee Stallion being sued for ‘forcing cameraman watch her having lesbian sex!’

  • Mean Girls star Jonathan Bennett recalls the moment his life ‘changed forever’

    Mean Girls star Jonathan Bennett recalls the moment his life ‘changed forever’

  • Sir Elton John sent Lance Bass gift basket to celebrate coming out

    Sir Elton John sent Lance Bass gift basket to celebrate coming out

  • Relationship status influences heterosexual women’s sexual prejudice towards lesbians

    Relationship status influences heterosexual women’s sexual prejudice towards lesbians

  • JoJo Siwa had a challenge transitioning to new grown-up image

    JoJo Siwa had a challenge transitioning to new grown-up image

  • Liz Hurley defends lesbian sex scene in new movie that was directed by her son

    Liz Hurley defends lesbian sex scene in new movie that was directed by her son

Partner Links

  • OMG, WATCH: Google’s Veo 3 turns the “Distracted Boyfriend” meme to life in new AI video
    Google‘s Veo 3 has summoned the fires of Hell, wasted oceans-full […]
  • Two-time Tony winner Donna Murphy publicly support LuPone-bashed Audra McDonald and Kecia Lewis
    I’m a tremendous Patti LuPone fan as readers of this blog […]
  • On the Rag, Vol. 859
     This week's rag 'n' mag roundup features Vlad Parker, Ashley Parker, David […]
  • OMG, WATCH: Charli xcx wants a Final Destination series with ‘It Girls’
    @charlixcx just a thought.. ♬ original sound – Charli XCX Charli […]
  • OMG, new music: Lorde releases video for ‘Man Of The Year’
    The second single from the forthcoming album is “an offering from […]

Most Commented

Social

Twitter @tlrd | Facebook | Instagram @tlrd

About

  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy
[towleroadmr] [towleroadtn]

Footer

Ptown Hacks 2018

Read

  • Travel
  • Film
  • Law – LGBT Rights
  • Columns
  • Specials

About

  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy

Copyright © 2025 · Log in

×
×