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07/08/2014

Hobby Lobby – profound disconnect between all the rhetoric about “denial of access” to contraception and the substance of the ruling.

by @ 10:44 am. Filed under Uncategorized

The Republic of Gilead Is Not Nigh | Cato @ Liberty

The outrage does make sense, of course, if what one fundamentally cares about—or at least, additionally cares about—is the symbolic speech act embedded in the compulsion itself. In other words, if the purpose of the mandate is not merely to achieve a certain practical result, but to declare the qualms of believers with religious objections so utterly undeserving of respect that they may be forced to act against their convictions regardless of whether this makes any real difference to the outcome.  And something like that does indeed seem to be lurking just beneath—if not at—the surface of many reactions. The ruling seems to provoke anger, not because it will result in women having to pay more for birth control (as it won’t), but at least in part because it fails to send the appropriate cultural signal. Or, at any rate, because it allows religious employers to continue sending the wrong cultural signal—disapproval of certain forms of contraception—when sending that signal does not impede the achievement of the government’s ends in any way.

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