And that’s the prism through which we must interpret the parade of hyperbolic horribles in her scathing Hobby Lobby dissent. She excoriated the constitutionalist majority for its ruling, calling it a “radical” decision “of startling breadth.” Still, when you cut through the alarmist tripe, she actually gets to the meat of the matter.
“In a decision of startling breadth,” she wrote, “the Court holds that commercial enterprises, including corporations, along with partnerships and sole proprietorships, can opt out of any law (saving only tax laws) they judge incompatible with their sincerely held religious beliefs.”
Uh, yeah, and?
Here’s what Ginsburg actually meant: “I hate the First Amendment. It’s broad, inalienable, and I want to alienate it. Oh, and dead babies. Lots of dead babies.”
Ginsburg is right. This decision was “of startling breadth,” but only if you happen to be a secular elitist hellbent on marginalizing Christians and wielding unchecked power over your fellow Americans.
Indeed, the secularist left’s utter meltdown over having but a small measure of control over others wrested away is highly instructive. Still, why would we expect lefties to understand the First Amendment when these Rhodes Scholars are calling a decision penned by Justice Alito “#ScaliaLaw” on Twitter?
In his concurring opinion, Justice Anthony Kennedy, who more often than not gets it wrong, got one right:
“In our constitutional tradition, freedom means that all persons have the right to believe or strive to believe in a divine creator and a divine law. For those who choose this course, free exercise is essential in preserving their own dignity and in striving for a self-definition shaped by their religious precepts. Free exercise in this sense implicates more than just freedom of belief. … It means, too, the right to express those beliefs and to establish one’s religious (or non-religious) self-definition in the political, civic, and economic life of our larger community.”
Wow. And now for the pink elephant in the room: Although the Hobby Lobby decision did not directly address the raging cultural debate over counterfeit “gay marriage” and the irreconcilable friction this modern, sin-centric novelty has with the long-established and inalienable right to religious free exercise, it doesn’t take a Phi Beta Kappa to read between the lines and discover, as Ginsburg and Kennedy evidently agree, that the “startling breadth” of the decision most assuredly touches and concerns the debate head on. (And not in favor, I might add, of the homofascist “you-have-to-affirm-my-faux-marriage-or-go-to-jail” crowd.)
While Justice Kennedy is anything but predictable on these matters, this ruling makes it pretty clear that, as both the First Amendment and RFRA already assure, the Christian baker, photographer, florist, or any other business owner is protected from being forced, under penalty of law, into indentured servitude – from having to give their God-given time and talent to create goods or services that require they violate sincerely held religious beliefs.
In other words, both the First Amendment and RFRA trump any and all so-called “sexual orientation” laws. Or, as Ginsburg put it, private businesses “can opt out of any law (saving only tax laws) they judge incompatible with their sincerely held religious beliefs.”
The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by WesternJournalism.com.