Motley Moose – Archive

Since 2008 – Progress Through Politics

Religious Discrimination

What’s to Prevent Segregation in the Post-Hobby Lobby World?

I am not talking just racial segregation here, but all forms of segregation.  So long as it is a sincerely-held religious belief and separate but equal facilities are provided, what is there to stop a closely-held corporation from imposing segregation post-Hobby Lobby?

Imagine there is an owner who believes, as a matter of sincerely-held religious beliefs, that the sexes should not mix, what is there to prevent that owner from establishing separate aisles in his or her store and separate checkout lines so long as the aisles are identical, there are an equal number of checkout lines and those checkout lines are always equally staffed.  What exists to prevent that owner from establishing that system?

What if the owner of such a closely-held corporation has such beliefs except that instead of the sexes mixing, he or she believes that it is whites and non-whites that should not mix?

What if the owner believes that members of his or her religion should not mix with members of another religion?

Where, exactly, will this all end?

There is a reason for generally-applicable laws.  There are reasons that in certain instances persons can receive religious exemptions.  Persons, however, are not for-profit corporations that are created with the primary purpose of making money.  If we were discussing religious employers here, then, yes, I could see why there can and should be a carve out.  However, we are discussing for-profit corporations.

The logic put forward today by the Supreme Court has no end.  Just as it easily justified the idea that men and women should be treated differently when it comes to the provision of their health care, it can be used to justify differential and/or separate treatment for all different groups.