Process, Religious Liberty, and Contraception
I agree with Elizabeth Stoker's take that the Hobby Lobby contraception stuff is really confused. Ostensibly, Hobby Lobby is objecting to having to "pay" for the contraception coverage of its employees. This is contrasted with other forms of financing contraception, which we are told by those who argue on behalf of Hobby Lobby are permissible. But, as I've detailed many times before, these sorts of procedural objections to types of financing never really shake out to make much sense.
Whose Money?
The initial confusion at the core of all of these types of discussions is that they try to somehow attach money to a person or entity (here Hobby Lobby) and then object to having people spend "their money" on this or that thing. Right off the bat, it is a totally random choice to describe something like the contraception mandate as requiring Hobby Lobby to spend "their money." What makes the money theirs? It is the laws that determine what money belongs to what people, as far as I can tell. When the law says that some increment of money must be transferred to some other entity and that you have no choice over the matter, I interpret that as the law pretty straightforwardly saying that money does not belong to you.
Pick Your Process
The interpretive arbitrariness involved in determining whose money it is and who is "paying" for the contraception is just the beginning of the silliness. It gets even more arbitrary than that. Consider the following six scenarios, a few of which come from Stoker's piece:
- Hobby Lobby --> Drug Store. Hobby Lobby transfers money to a drug store when an employee gets contraception from the drug store.
- Hobby Lobby --> Insurer --> Drug Store. Hobby Lobby transfers money to an insurer. The insurer transfers money to a drug store when a policyholder gets contraception from the drug store.
- Hobby Lobby --> Government --> Drug Store. Hobby Lobby transfers money to the government via a tax. The government is the national health insurer. The government transfers money to a drug store when a policyholder gets contraception from the drug store.
- Hobby Lobby --> Government --> Insurer --> Drug Store. Hobby Lobby transfers money to the government via a tax. The government transfers it to a private health insurer. The insurer transfers money to a drug store when a policyholder gets contraception from the drug store.
- Hobby Lobby --> Employee --> Drug Store. Hobby Lobby transfers money to an employee. The employee transfers money to a drug store when the employee gets contraception from the drug store.
- Hobby Lobby --> Government --> Employee --> Drug Store. Hobby Lobby transfers money to the government. The government transfers money to the employee (e.g. through the Earned Income Tax Credit or Child Tax Credit). The employee transfers money to a drug store when the employee gets contraception from the drug store.