The Money Chronicles Volume 12: Managed Care is Often Unmanageable

Last month Nancy’s father suffered a stroke. He’s 96 and in otherwise remarkable health and his recovery is optimistic. It’s been an emotional roller coaster that happens to nearly every family at one time or another, and God knows I’ve been witness to it thousands of times in my role as a hospice chaplain.

In the last four weeks I’ve also found there is a learning roller coaster to this. We purchase insurance for all sorts of things: our life, our homes, our cars. But we also buy insurance for our health and that’s an entirely different equation.

We buy car insurance in the hope that we’ll never need it. In the off chance we do need it, we’re pretty certain what it will do. If we wreck the car our insurance will fix or replace it. Case closed. Same with homeowner’s insurance.

But health insurance is a different animal altogether. It’s fairly expensive and most of us don’t pay the entire premium ourselves. Because of a series of random events, we expect our employers to pay the lion’s share and they do. Before the passage of the Affordable Care Act millions of Americans could not afford health insurance. If they got sick or injured they showed up in a hospital emergency room and made a horrible bargain: fix me and hope I can repay you.

If you couldn’t, it was a lose/lose situation. The hospital wouldn’t get reimbursed for the care they provided and sued the patient. The patient, who couldn’t pay, filed for bankruptcy and destroyed their ability to ever borrow money again. Result: the hospital needed to find another way to achieve financial solvency and the patient spent his life stuck in a cycle of poverty.

Bottom line: if you didn’t have insurance you owed whatever the hospital claimed you owed with almost no ability to negotiate.

But if you did have insurance you were gold. Your insurance company would pay for whatever happened to you. You may have a small copay but it’s at best a small percentage of the cost of caring for you.

And here’s what you didn’t know: your insurance company has the ability to negotiate how much they pay. They will pay less than the cost of caring for you because the hospital can recoup the difference with the individuals who can’t negotiate.

I’ve written this article because we received a bill from Scripps Memorial Hospital for Al’s stay there. He suffered his stroke on the evening of Saturday, April 18th. We brought him to the emergency room that evening where they admitted him. He stayed there until the afternoon of Wednesday, April 22nd.

We were pleased with his health and pleased with the staff and have nothing but nice things to say about the staff at Scripps Memorial. We weren’t sure how much it would cost but we all agreed it was worth it.

A few days ago we got the total. The total cost for his stay was $49,773.00 and the copay was $700.00. Truthfully, that seemed like a good deal for us. The copay was 1.4% of the bill. We were pleased with the insurance.

But there was another line in the bill. Turns out the insurance company didn’t pay $49,073.00. They paid $11,536.56. They have enough patients that they can play hardball with the hospital and negotiate a reduced rate.

In the end it pays off for everyone. The hospital is able to be profitable receiving $11,536.56 from the insurance company and $700.00 from Al (for a total of $12,236.56). Truthfully it’s a win/win/win. The hospital can live with a reimbursement of $12,236.56, the insurance company can afford to pay $11,536.56, and Al can afford to pay $700.00.

But for someone in the exact same position without insurance, they don’t have the option of paying $12,236.56. Their bill is $49,073.00 and the hospital expects every dime. If it’s not paid right away it goes to a collection agency. These patients and families are in an untenable situation: they are willing to pay whatever they can but they just can’t pay enough.

The passage of the Affordable Care Act provides health insurance for many who had been left outside. There are still those who gamble against needing health insurance but that number is much lower. To the extent that many candidates for the Republican nomination promise to repeal the Affordable Care Act, we can assume that they choose loose/loose over win/win/win.

As Al’s son in law I’m grateful to be part of the win/win/win.

The Justice Chronicles, Volume 21: Discrimination and Homophobia is Alive and Well in Indiana

The latest darling of the 24 hour news cycle today brings us to the state of Indiana. On March 26, 2015 Governor Mike Pence signed into law the Religious Freedom Restoration Act. In the last 4 days the reaction has been strong on both sides. Sometimes I wonder if I’m the only one who asks this, but what does the law actually do? Glad you asked. You can find the text of the law here. Props to the Legal Information Institute housed at the law school of Cornell University for providing the text of this law.

The law states that if you believe homosexual relationships are sinful on religious grounds you should not be required to do business with homosexuals. Proponents of this law point to a bakery in Indianapolis called 111 Cakery. In 2014 a gay couple asked the bakery to provide the cake for their commitment ceremony (marriage was not legal at the time). The owners refused on the grounds that their religious beliefs prohibited them from participating in what they felt was a sinful act. The bakery has since gone out of business.

The RFRA states that religious freedom is a right granted in the U.S. Constitution. It further states that laws that are neutral toward religion may burden religious exercise and these burdens should not be in place unless there is a compelling justification.

In other words, government can pass a law that does not appear to violate someone’s religious beliefs and may yet nonetheless do so. In those cases there needs to be an exemption that does not compel someone to do something that violates his or her religious beliefs.

That sounds fine in the abstract but not in the execution. I dug into the text of this law and found this definition of “religious exercise”:

The term “religious exercise” includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief. The use, building, or conversion of real property for the purpose of religious exercise shall be considered to be religious exercise of the person or entity that uses or intends to use the property for that purpose.

Individual religious exercise, therefore, does not require the backing of an existing denomination. You can be as racist, misogynist, homophobic or just plain mean as you want and claim religious exercise, even if your faith doesn’t.

Proponents of this law insist this is about religious freedom and not about discrimination. Since I’ve spent virtually all of my adult life in the field of religion I’m sure they take my support for granted.

They shouldn’t. I grew up in the South and witnessed discrimination from an early age. I also witnessed religious people who used faith to justify discrimination and were just as shameless. They argued that God justified segregation by claiming that those of African descent were the children of Ham described in Genesis 9:25.

Today almost nobody will admit to finding this racism acceptable but 50 years ago many did. Hopefully 50 years from now nobody will point to religious beliefs to justify homophobia, but that won’t happen unless we stand up today to condemn the RFRA.

Governor Pence and nearly everyone who is running for the Republican nomination for President swears this isn’t about discrimination but we’re not fooled. Homophobia is rapidly declining in the population but those who hide behind religion still control a disproportionate share of funding for candidates. We need to stand up for the inclusion that all legitimate religions profess.

Let’s all work to make homophobia just as distasteful as racial discrimination.

The Justice Chronicles, Volume 20: Sodomy As a Capital Offense? Really?

Several decades ago I had a conversation with my college roommate Rob Duston. At the time he was a student at the University of Virginia Law School, also known as Mr. Jefferson’s Law School.

For reasons I don’t remember our conversation turned to the topic of sex and what was prohibited in the Commonwealth of Virginia. Half as a joke Rob told me that “everything is illegal in Virginia except with your wife in one position.” I thought he was kidding.

Since then I’ve learned that sexual positions and partners occupy way too much time and energy in the lives of our legislators. In 1986 the Supreme Court found, in the case of Bowers v. Hardwick that states can pass laws that prohibit sex between homosexual, consenting adults. Fortunately it was overruled in 2003 by the case of Lawrence v. Texas.

Most of us believe that sexual orientation is not a choice but a given and that we should all be allowed to marry our soulmate, regardless of whether or not that person is the opposite sex or same sex. I’m blessed that I live in a society where my orientation is socially acceptable (and so is my wife’s) but I recognize, acknowledge, and love those whose orientation calls them to someone of the same sex. Many of these children of God have trusted me enough to share their stories with me and I’m grateful for that trust.

But we also live with the fact that there are those, even those in power, who feed into their own fear and turn it into discrimination. They believe that orientation is a choice and those who choose to be homosexual will be condemned by God.

As if that isn’t enough, they believe that those of us who are heterosexual will be condemned to Hell if we dare to tell homosexuals that they are loved. They believe that we will be condemned because we give them “false hope” that God loves them.

Enter Matt McLaughlin. He is a lawyer from Huntington Beach, California and an alleged Christian. He is collecting signatures for a ballot initiative that would make sodomy a capital offense. He even states that they should be put to death by “bullets to the head or any other convenient method.”

OK, I’m a Christian and believe that my life works best when I live in harmony with God’s plan for me. But I don’t believe that my salvation depends on my hating the people Matt McLaughlin hates. If salvation is based on love and inclusion (as Jesus believed) I don’t believe that I have to choose sides on marriage equality. I have dozens of gay friends who I expect to see in Heaven. I pray they will be there because of love.

And I pray they love their husbands and wives as much as I love my wife.

The Justice Chronciles, Volume 19: 50 Years After Selma and We're Still Not Done

Today is the 50 anniversary of the day most Americans heard about Selma, Alabama. March 7, 1965 was a rough day.

The events actually began on February 18th when a 26 year old black man named Jimmie Lee Jackson (1938-1965) was shot to death by an Alabama state trooper. Mr. Jackson, a deacon in his church, was trying to protect his mother from being beaten up. This incident, combined with the institution of segregation and roadblocks placed to make sure people of color could not register to vote, boiled over. Dr. Martin Luther King, Jr. (1929-1968) and his organization the Souther Christian Leadership Conference, together with the Student Nonviolent Coordinating Committee organized a march from Selma to Montgomery, Alabama, the state capital 50 miles away.

But on their way out of town they were stopped at the Edmund Pettus Bridge and attacked by law enforcement. It’s worth noting that the bridge was named for a real person. Edmund Pettus (1821-1907) was a Confederate General and U.S. Senator, but is most well known for his time as a Grand Dragon of the Ku Klux Klan. The bridge was completed in 1940.

National reporting of the that event, often called “Blood Sunday” shocked the nation and led to the passage of the Voting Rights Act of 1965 that legislated equal rights for people of all races.

So 50 years later how are we doing? On one hand very well. Nowhere in this country can you deny someone the ability to register to vote because of his or her race. Neither can you refuse to do business with someone on this basis. Our schools and neighborhoods can’t refuse admission to anyone and we even have an African American President.

But there is still work to do. A poll taken in January shows that 34% of Republicans believe our President isn’t really an American.

An article in today’s Los Angeles Times describes how two police officers and a court clerk lost their jobs over emails. This takes place in Ferguson, Missouri, a town that doesn’t need any more bad news. One email compared President Obama to a chimpanzee; another stated that he wouldn’t be in office for very long because a black man can’t hold a job. Finally one email reported that a black woman was paid to have an abortion as an anti crime measure.

In Selma the famous bridge is still named after the Grand Dragon of the KKK. And if that weren’t enough, in 2000 the city paid for a statue of Nathan Bedford Forrest (1821-1877), one of the founders of the KKK.

My thoughts and prayers are still for Mr. Jackson. You can see a tribute to him here.

Really Rudy? Really?

The race for President in 2016 is in full swing and already the potential candidates are lining up. Suffice it to say that candidates and their supporters are already saying really stupid things. The latest comes from former New York City Mayor Rudy Giuliani. He’s decided not to run for President in 2016 but wants people to listen to him. The 24 hour news cycle loves to play and replay stupid and outrageous comments.

Enter Rudy. Last Wednesday (the 18th) he was speaking at a private dinner that included assumed presidential candidate Scott Walker. Here’s what Rudy said:

I do not believe — and I know this is a horrible thing to say — but I do not believe that the president loves America. He doesn’t love you. And he doesn’t love me. He wasn’t brought up the way you were brought up and I was brought up through love of this country.

OK Rudy, let me say a few things to you about this:

  • Can you give some examples? I’m always amused when people like you make broad, inflammatory statements but don’t give examples. I like to think of myself as fairly well read but I don’t remember ever hearing the President say anything disparaging about America. I’m also astounded that, as I read through various accounts, nobody has asked you to give examples.
  • I know you (and those who agree with you) feign offense at this, but this charge finds its base in racism. No other president in recent memory has had to defend himself against the charge of not loving America. And no other president has come to us from African descent. I wrote about this in 2008 and it’s as true today as ever. Those of us who opposed the decisions of President Bush never, ever questioned his love of America. We also never doubted clear and definitive proof that he was born here.
  • Finally, and I think this is the crux of the matter, is this truth: you don’t believe President Obama loves America unless he hates everyone else. Most of our allies were once our enemies: England (the Revolution), France (remember Freedom Fries?), Germany (World War II). While the Bush administration made it clear that we live in a black and white world (“You’re either with us or against us“), President Obama sees the complexity of world politics and looks for solutions. If this make him someone who hates America, count me in.

Freedom of Speech: Can We Take a Breath and Be More Accurate?

There is much to talk about with the events of the last month, but I’m going to focus in on the abuse of the phrase “free speech.”

Last month the movie The Interview was roundly criticized by North Korea. This is not surprising as the point of the movie is the assassination of their leader Kim Jong Un. It was produced by Columbia Pictures (owned by Sony) and it became clear that its Christmas debut was problematic: many Americans feared seeing the movie because of threats of violence against the theaters. Because of that the film was pulled.

Almost anyone could have predicted the backlash. Threats of revenge, realistic or not, created pressure to on Sony to cancel the premier. Then another backlash caused Sony to release it and make it available for download. Many felt that Sony’s decision to block the release was an attack on free speech.

As an American I applaud the conversation but I am troubled by some of the debate. The idea of Sony’s action was attack on free speech made it seem that the decision by Sony was somehow unconstitutional.

As this discussion was quieting we read, to our horror, of the assassination in Paris at the offices of Charlie Hebdo. Charlie Hebdo is a satiric periodical that has parodied, among others, Jesus, the Pope, the prophet Mohammed, and others. Many of us find some of these images troubling and even offensive and, as a result, don’t subscribe. But a few terrorists, who claim to be Muslims, decided that these images allowed them to murder.

This, also, created a backlash where many of us expressed our support for Charlie Hebdo and satirists over the world.

I support neither North Korea nor those who killed the good people in Paris (which also included 2 police officers and 4 hostages in a neighboring Jewish market) but I don’t think these are attacks on freedom of speech. Please understand that I am, in no way, excusing or supporting these attacks.

When we think of “freedom of speech” we normally think of the Constitution and we all revere what it protects. But it protects only one thing: you cannot be arrested, prosecuted, or imprisoned for expressing your opinion. It does not protect you from the consequences of your speech. In other words, if I say something hurtful or offensive to my wife, I’m not protected from her reaction. It only means I can’t be arrested.

If I choose to view the movie or read Charlie Hebdo, I’m not celebrating freedom of speech. The Constitution has nothing to say about this. But I will be making a statement about freedom from fear. The phrase “freedom from fear” should ring a bell: In his State of the Union in 1941 President Roosevelt spoke of freedom of speech, freedom of worship, freedom from want, and freedom of fear. A few months later the artist Norman Rockwell painted his interpretation of freedom from fear onto canvas.

I celebrate both freedom of speech and freedom from fear and am grateful that I can live in a place and time where I can do both. But as a student of American Constitutional history I feel a need to make a distinction between the two. Maybe nobody except me cares about this, but these freedoms are not the same thing.

If you choose to see the movie or buy the magazine, know you are celebrating freedom from fear and not freedom of speech.

The Justice Chronicles, Volume 18: The Senate Intelligence Report on the CIA's Torture Program Shows That the Nuremberg Defense is Alive and Well

Earlier this week the Senate Select Committee on Intelligence released a report on the CIA’s detention and interrogation program. After the events of 9/11 the CIA began, with the approval of President Bush, to gather intelligence that would allow us to find, capture, and prosecute those responsible.

Virtually everyone in the country, and indeed the world, found this appropriate. Violence should always be answered with justice. But early on it became clear that while we all agree on the goal, the Bush administration saw this as an opportunity to suspend the Constitution and ignore long held prohibitions on torture.

Over the next several years we learned about Abu Ghraib, waterboarding, Extraordinary Rendition and a host of other terms. Many of us (who wanted justice for 9/11 as much as anyone) believed that the Bush administration made unwise and illegal decisions under the guise of national security. Unfortunately the administration was clear: anyone who disagrees with us is unpatriotic and secretly hopes for the destruction of the United States.

Time and again they claimed that “enhanced interrogation” of “the worst of the worst” led them to intelligence that saved thousands of lives. Many of us were suspicious or doubtful but in the absence of information (that they refused to release) it was hard to prove.

It isn’t any longer. According to an article in Vox, the Senate Select Committee on Intelligence decided to launch an investigation in March of 2009. To be fair this isn’t a coincidence: it came two months after the inauguration of President Obama. Then again many of us voted for President Obama hoping that he would stop the abuses of the Bush administration. In any case when they began their investigation it became clear that they couldn’t interview anyone from the CIA because the Department of Justice was considering criminal prosecution of those involved. Nobody from the CIA would testify out of a well placed fear that any testimony could be used against them in a criminal trial. While the Justice Department decided in 2010 not to prosecute anyone, it gave the Republican members of the committee the cover they needed to stop cooperating with the investigation and distance themselves from any findings. They are now portraying this investigation and report as one sided and partisan even though they abandoned their chance to affect it.

The Democrats on the committee continued their work and published the results here. It’s pretty devastating.

As Americans we need to ask two questions: (1) Is torture permissible?, and (2) Does it work?

As to the first question, I answer “no.” Torture is ultimately about convincing another human that he isn’t human. Torture means telling someone that he isn’t of any value outside of his ability to provide information that is valuable to the enemy. When our Vietnam Veterans spoke of being tortured they all knew that they were being coerced to give information that would injure their country in exchange for better treatment. And they took solace in the fact that the United States didn’t torture Vietnamese prisoners.

As to the second question, that answer is clearly “no.” The report is clear that any information gained was already known from another source or was gained from the prisoner before the torture began. Simply put, all the torture gave us nothing.

And yet the previous administration continues to push back against the facts. Former Vice President Dick Cheney stated on Meet the Press that he would do it again. He claimed it was justified because the Justice Department ruled those tactics permissible.

In the final word this is what troubles me most. The Bush administrated claims to rely on the opinion of the Justice Department even though they were officials Bush appointed. Everyone, from the president on down to the torturers, claimed to be following orders. This sends chills down my spine because it reminds me of the Nuremberg Defense. After World War II the surviving leaders of the Nazi party were put on trial for war crimes. They defended their actions by saying that they were “just following orders” and were not responsible for their actions. The court ruled this defense unacceptable: the defendants had a moral and legal responsibility to refuse to carry our orders that were clearly illegal.

I wish that was more widespread here. Unfortunately there was one man who stood up and called out the torture for what it was: John Kiriakou. He is now in federal prison. His inmate number is 79637-083. Had other shown his courage he might not be there and we would be a country that better lived up to its values.

The Justice Chronicles, Volume 17: Governor Brownback, We Warned You

I’m upset that this isn’t a bigger story, but the standing Governor Sam Brownback of Kansas is in the political fight of his life. This is news because he is a Republican.

Remember this is Kansas. The state that has declared war on teaching evolution.

Four years ago Sam was elected Kansas’ governor in a landslide after a 14 year career in the U.S. Senate. Sam is a strong believer in “supply side economics” or what many of us call “trickle down economics”. Basically this economic theory claims that if we cut income taxes, especially to the richest among of us, that will stimulate the economy. The people who get to keep more of their money will invest it. Ordinary people spend more money. Small businesses, who benefit from this increase in spending, will expand and hire more workers. The money lost on the tax cuts will be offset by more money in income taxes by the people who are hired and the sales taxes paid by the people who spend more.

The best part of this model is that it both looks good and feels good. Who doesn’t want to raise revenue by cutting taxes? Here’s the problem: it doesn’t work. It’s like all the “eat whatever you want and lose weight” diets.

Four years ago Sam was elected and he promised “an experiment.” OK, I have to ask this: someone who has declared war on science is conducting an experiment? In any case he promised to cut state income taxes on small businesses and wealthy individuals and he did. Small business taxes were cut to 0% (that’s right: no taxes) and the highest individual tax bracket was cut by 24% (you can see this here). He promised that while state revenue may take an immediate hit, it will be soon made up by people and businesses who move to Kansas to take advantage of this experiment.

Did it work? No. The NPR story provides an excellent outline of what happened, but basically this is what happened: small businesses benefitted because they didn’t pay taxes but they didn’t expand because there was no increase in business. NPR spoke with Alex Harb, who owns a computer store in Wichita. He spoke about how his tax cut allowed him to purchase more products for his store, but this has not led to an increase in business. Because of this he has not opened new stores or hired more employees. He has not become a job creator.

Is there a downside? Amazingly the supply side/trickle down guys don’t talk about this. Kansas anticipated a drop of $300 million in revenue while the tax cuts kicked in. Alas, they saw a drop of $600 million with no end in sight. If you are wealthy Kansan or a small business owner you have more money in your pocket. But if you work for the state you’re screwed.

The town of Marquette, Kansas was so devastated by the tax cuts that they had to close their last remaining school. You can read this on the Topeka Capital-Journal website. Amazingly the loss of jobs by the school district wasn’t expected by Sam.

So how has the state done? Sam promised that his “experiment” would show that Kansas’ economy would outpace the economies of neighboring states. Has it?

No. Employment in Kansas has grown by about two percent in Kansas, which sounds fine until you recognize that, according to the NPR article, Kansas has fallen behind the national average and three of the four states that border Kansas (and they all have higher tax rates).

I found this at the web page for the Joint Economic Committee of the U.S. Senate. They track several trends, and I looked at private sector job growth since February of 2010. Kansas and its neighbors (Missouri, Oklahoma, Colorado, and Nebraska) showed these results:

  • Colorado: 12.8%
  • Oklahoma: 10.8%
  • Kansas: 6.8%
  • Nebraska: 6.1%
  • Missouri: .8%

According to this Kansas is in the middle of the pack. That’s fine except Sam promised they would leave their neighbors in the dust. Clearly he hasn’t.

The best part of this story for me is the loyalty Sam expected from his fellow Republicans. He should have recognized Republican loyalty is a synonym for jumbo shrimp. Given the opportunity they headed for safety. This story shows how 100 prominent Republicans are endorsing his Democrat opponent Paul Davis. Do you think these Republicans endorsed Davis out of principle? Neither do I. They made a political decision that their future lies in abandoning Sam after cheering him on.

Sam may win or lose, but if he wins, the people of Kansas lose.

Senator Ted Cruz: New Heights In Ignorance

As I write this we’re in the middle of a crisis with ISIS (or ISEL or the Islamic State, or whatever). This is one of those times where I don’t envy President Obama and how he needs to respond to this threat to our safety.

One of the reasons I don’t envy him is that he needs to govern when the opposition party cares little for the health of our country, its citizens, and its descendents but instead cares only with the desire to destroy him and his party.

Today I saw that Senator Ted Cruz of Texas, who is likely going to run for President in 2016, wants to revoke the citizenship of any American citizen who joins Isis (or Isel or the Islamic State).

This is playing well with Faux News and the rest of this country’s knuckle draggers, but it’s not Constitutional. The 14th Amendment of the U.S. Constitution states that anyone born in the United States or naturalized is a citizen of this country. An article here shows that someone who is a naturalized citizen can have his citizenship revoked, but anyone who is born a citizen cannot have his (or her) citizenship revoked.

If Ted really wants this to pass he needs to amend the Constitution. It’s not an easy process (and it shouldn’t be). There are two ways to do this. The first (that has never been used) requires that two thirds of the states petition congress to call a Constitutional Convention. The problem with this method is that a convention can rewrite the entire Constitution and I don’t know anyone who wants this. It ignores the collective wisdom of the last 225 years.

The other method has been used 27 times. If two thirds of both the Senate and the House vote in favor of an amendment and three fourths of the state legislatures agree, it becomes an amendment of the Constitution.

Senator Cruz is clearly not aware that he cannot simply propose legislation to revoke the citizenship of natural born citizens. Or perhaps he does, and he is doing this as a publicity stunt. In any case, we shouldn’t stand by and allow him to do this.

It’s time to demand that our lawmakers understand the law. And it’s especially time to require anyone who wants to be President to understand the Constitution.

The Justice Chronicles Volume 15: Burwell v. Hobby Lobby: This Is Going To Cost Us

The end of June is always an interesting time for me because I get to read a small mountain of Supreme Court opinions. I’ve generally found these opinions easy to read and it gives me a leg up on those who listen to 30 seconds of a news story on the opinion.

Far and away the opinion that has interested me the most was Burwell v. Hobby Lobby Inc.. Here is my (brief) analysis: According to the terms of the Affordable Care Act, if you are an employer you are required to provide health care to your employees (you can get tax credits if you employ only a few people). As part of this you have to provide birth control.

Hobby Lobby and a few other privately owned companies objected because they oppose abortion and feel that certain forms of birth control actually abort a fetus after conception. They filed suit against the Department of Health and Human Services and the court agreed with Hobby Lobby.

Justice Samuel Alito wrote for the 5-4 majority. He argued that if a company is privately owned by a small number of owners and they all agree that a law (in this case the Affordable Care Act) violates their core values, they are not required to violate those values. Much of this was based on the Religious Freedom and Restoration Act.

Justice Ruth Bader Ginsburg wrote the dissent. She argued that this will open a door to much greater problems. If we allow these companies to exempt themselves from laws that violate their beliefs, where do we end? What if another company finds all forms of birth control? Or a company whose beliefs on homosexuality prevent them from employing gays or lesbians?

I find Justice Ginsberg’s arguements compelling. To the extent that government has no business deciding which relgious beliefs are appropriate, we rely on people of those faiths to determine what they find offensive. And while mainstream America supports gay rights and birth control, good people of different faiths oppose them. If you are an employee of a small, privately held company, you are essentially a hostage of their beliefs even if they are not your own.

I read the opinion (I downloaded it for free on my iPad) and see a disconnect with what I’ve been reading in other outlets. The most troublind disconnect I’ve found is the impression given that these will only apply to small companies. But the opinion applies to companies with only a few owners, not employees. For example, Hobby Lobby is owned by one family, but they employ 16,000 people. Koch Industries employ 60,000. Simply put, as long as these companies don’t go public they can subject their employees to anything they want.

This wasn’t prominent in the decision, but I think this is an important issues: while Hobby Lobby and other companies are privately held, they are also incorporated. This allows the family financial protection if they go bankrupt; the creditors can only go after assets in the company and not personal assets. It seems to me, though, that these companies are trying to have it both ways. If they want protection for themselves, shouldn’t there be some protection for their employees? If these families see their companies as an extension of their own values, shouldn’t they then be compelled to “go all in” and not protect themselves?

I wonder how long it will take for the Court to see that they’ve opened a bad door.