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
Subscriber Access Only Reply All
Responses to our March issue via letters, tweets, and Facebook posts.
RecommendedWhen the Abortion Doctor I Protested Was Killed by a Sniper
Subscriber Access Only When the Abortion Doctor I Protested Was Killed by a Sniper
The shaken conscience of a pro-life activist.
TrendingChristians Can Hold Their Bladders and Still Shop at Target
Christians Can Hold Their Bladders and Still Shop at Target
Consider the missional implications before you boycott.
Editor's PickReading Esther in the Shadow of ISIS
Reading Esther in the Shadow of ISIS
A Jewish philosopher’s perspective on how God delivers his people from radical evil.
View this article in Reader Mode
Christianity Today
The First Amendment Decision Nobody's Talking About