Guest / Limited Access /
Page 3 of 3

Hobby Lobby is an important affirmation of the aims of the Religious Freedom Restoration Act. But it is a narrow and in some ways precarious decision, subject to the whims of future legislators or a slight shift in the Court's current composition. And it is not a First Amendment decision. We should be glad for Hobby Lobby, but we shouldn't lose sight of the unanimous decision in McCullen, and its reminder that when it comes to the roots of our religious liberty, the First Amendment is what matters the most.

John Inazu is associate professor of law at Washington University School of Law, an expert on the First Amendment freedoms of speech, assembly, and religion, and the author of Liberty's Refuge: The Forgotten Freedom of Assembly (Yale University Press, 2012).

Article edited slightly to clarify that whether HHS's contraceptive mandate is "generally applicable" has not yet been specifically litigated.

Read These NextSee Our Latest
RecommendedContraception Saves Lives
Contraception Saves Lives
Reconsidering Margaret Sanger as one who was opposed to abortion but emphatic about the personal and social good of contraception.
TrendingAttempt to Market Anti-Porn Ministry to Mark Driscoll Fans Goes Bad
Attempt to Market Anti-Porn Ministry to Mark Driscoll Fans Goes Bad
Craig Gross on XXXchurch email blast to Resurgence list: 'They sold us your email for a penny.'
Editor's PickThe Dance of Suffering and Love
The Dance of Suffering and Love
What to do with our grief for the world.
Comments
View this article in Reader Mode
Christianity Today
The First Amendment Decision Nobody's Talking About