Baptist News Global
Sections
  • News
  • Analysis
  • Opinion
  • Curated
  • Podcasts
    • Stuck in the Middle With You ↗
    • Madang with Grace Ji-Sun Kim ↗
    • Highest Power: Church + State ↗
    • Non-Disclosure: The Silenced Stories of Kanakuk Kamps Survivors ↗
    • Change-making Conversations ↗
  • Storytelling
    • Faith & Justice >
      • Charleston: Metanoia with Bill Stanfield
      • Charlotte: QC Family Tree with Greg and Helms Jarrell
      • Little Rock: Judge Wendell Griffen
      • North Carolina: Conetoe
    • Welcoming the Stranger >
      • Lost Boys of Sudan: St. John’s Baptist Charlotte
      • Awakening to Immigrant Justice: Myers Park Baptist Church
      • Hospitality on the corner: Gaston Christian Center
    • Signature Ministries >
      • Jake Hall: Gospel Gothic, Music and Radio
    • Singing Our Faith >
      • Hymns for a Lifetime: Ken Wilson and Knollwood Baptist Church
      • Norfolk Street Choir
    • Resilient Rural America >
      • Alabama: Perry County
      • Texas: Hidalgo County
      • Arkansas Delta
      • Southeast Kentucky
  • More
    • Contact
    • About
    • Donate
    • Associated Baptist Press Foundation
    • Planned Giving
    • Advertising
    • Ministry Jobs
    • Subscribe
    • Submissions and Permissions
Donate Subscribe
Search Search this site

BJC breaks down Hobby Lobby ruling

NewsBob Allen  |  August 15, 2014

By Bob Allen

Two Baptist experts in religious liberty law say the U.S. Supreme Court’s interpretation of a 1993 federal law intended to bolster religious freedom in the recent Hobby Lobby decision could set a precedent for future rulings applying the statute in ways contrary to its legislative intent.

hollyn-hollmanHollyn Hollman, general counsel of the Baptist Joint Committee for Religious Liberty, and Executive Director Brent Walker analyzed the 5-4 ruling handed down June 30 that the for-profit craft-store chain does not have to offer health insurance coverage for types of birth control that conflict with company owners’ religious beliefs. The analysis appears in the July/August edition of Report from the Capital. A combined analysis was posted Aug. 15 on the ABPnews/Herald web site.

Hollman said as the leader of the coalition that pushed for passage of the Religious Freedom Restoration Act more than 20 years ago, the Washington-based education and advocacy organization “has a significant stake in its interpretation and application.”

From the BJC’s perspective, Hollman said, the law’s strength is that it balances free-exercise and other interests. That means religious claimants will not always win, but they have a fighting chance to avoid unnecessary interference by the government in the free exercise of their faith.

Hollman said the application reflected in Justice Anthony Kennedy’s concurring opinion suggesting an answer to the employers’ religious-liberty concern without depriving employees of health care benefits “is the kind of win-win solution RFRA should provide.” But she said “there is ample room for concern” in Justice Samuel Alito’s 41-page majority opinion about future rulings that might undermine the balancing act that RFRA was intended to preserve.

Hollman said the Supreme Court “was properly deferential” in recognizing the Christian owners of Hobby Lobby acted out of “sincerely held” religious beliefs in objecting to paying for coverage of emergency contraceptives and IUDs they believe cause an abortion. But she said the court was “too quick” in finding that objection amounted to a “substantial” burden on their religious liberty, a key standard in the law intended to restore protections stripped in a 1990 Supreme Court decision that prompted the RFRA coalition.

BrentWalkerLoResWalker, both an attorney and ordained minister who served as BJC general counsel before succeeding James Dunn as executive director in 1999, said the five-member majority “gave short shrift to the question of whether any burden on the exercise of religion is ‘substantial’ and ignored the real effects of the requested free exercise accommodation on the corporation’s employees desiring insurance coverage for contraception services.”

Walker said the court was correct to be sensitive to religious liberty issues in the secular marketplace, including some for-profit corporations.

“Although one could reasonably argue against a corporate behemoth as large as Hobby Lobby — with 16,000 employees — there should be some protection for closely held ‘mom and pop’ businesses, even when conducted through the corporate fiction,” Walker said.

He said the court also ignored its own precedent that adverse effects of religious accommodation on third parties can violate the First Amendment’s Establishment Clause.

Hollman said when fighting for passage of RFRA in the early 1990s, nobody had the interests of large, for-profit corporations in mind. Neither did the legislative debates anticipate the Affordable Care Act, and the debate between medical importance and religious objection to certain kinds of birth control.

While legislative fixes are already being debated, Walker said the BJC “will look askance” at attempts to amend RFRA.

“We have too much invested in it to allow one court decision, for better or worse, to prompt an emasculation of that very important statutory protection for religious liberty,” he said.

Previous story:

Hobby Lobby wins contraceptive case

Tags:Religious LibertyRFRASocial IssuesBaptist Joint Committee for Religious LibertyHobby LobbyReligious Freedom Restoration Act
More by
Bob Allen
  • This BNG series of articles on Christianity and democracy led toward the July 4 celebration of America’s 250th birthday. The series was curated by Carol McEntyre, senior minister at First Baptist Church of Greenville, S.C.  See the series here.

     

  • Get BNG headlines in your inbox

  • Check out our podcasts

     

     

    Stuck in the Middle
    With You

     

    Madang
    With Grace Ji-Sun Kim

     

     

    Highest Power
    Church+State

     

     

    Non-Disclosure:
    The Silenced Stories
    of Kanakuk Kamps Survivors

     

    Change-making
    Conversations

     

     

  • Politics • Faith • Resistance: by Greg Garrett

    BNG interview series on the state of faith, politics and resistance in our nation.

    See also Greg’s series on Politics, Faith and Mission

     

  • Featured

    • Jesus is not our political mascot

      Opinion

    • Confronting the white consensus

      Analysis

    • Baptist minister among six jailed for protesting ICE in Missouri

      News

    • How would Jesus vote?

      Opinion


    Curated

    [rpwe cat="4" limit="4" thumb_width="98" date="false"]

    Conversations that Matter.

    © 2026 Baptist News Global. All rights reserved.

    Want to share a story? We hope you will! Read our republishing, terms of use and privacy policies here.

    • Facebook
    • Twitter
    • Instagram
    • LinkedIn
    • RSS
    • bh