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 Mandate Heading to Supreme Court
Contraception Mandate Heading to Supreme Court
(UPDATED) Christian college cancels health insurance for students over emergency contraceptives.
TrendingMelinda Gates: ‘I’m Living Out My Faith in Action’
Melinda Gates: ‘I’m Living Out My Faith in Action’
One of the wealthiest and most controversial women in the world believes that all lives have equal value. She’s willing to spend $3.6 billion a year to prove her point.
Editor's PickWhat Having Millions of Followers Taught Me About Christian Dialogue
What Having Millions of Followers Taught Me About Christian Dialogue
Full House actress: Let’s stop attacking each other with Bible verses.
Comments
View this article in Reader Mode
Christianity Today
The First Amendment Decision Nobody's Talking About