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.

Support our work. Subscribe to CT and get one year free.
Read These NextSee Our Latest
Current IssueSajan George
Sajan George
His acclaimed education model employs technology and research to transform struggling schools.
RecommendedDoes This New Bill Threaten California Christian Colleges' Religious Freedom?
Does This New Bill Threaten California Christian Colleges' Religious Freedom?
An expert in religious liberty law explains the Golden State's controversial SB 1146.
TrendingDobson Endorses Trump, While Evangelical Leaders Advise Voting for Lesser Evil
Dobson Endorses Trump, While Evangelical Leaders Advise Voting for Lesser Evil
Pew tracks how many evangelicals came to pick Trump for president.
Editor's PickMy Encounter with Ken Ham's Giant Ark
My Encounter with Ken Ham's Giant Ark
A four-hour visit to the massive replica of Noah's boat left me with a flood of questions.
View this article in Reader Mode
Christianity Today
The First Amendment Decision Nobody's Talking About