Active Users:264 Time:25/04/2024 06:26:55 PM
"the Court found that it wasn't a religious organization, it was just a non-profit corporation." Joel Send a noteboard - 11/02/2012 01:36:33 AM
Here is a quick summary

Catholic Charities of Sacramento Inc. v. Superior Court
32 Cal.4th 527, 85 P.2d 67 (2004)

* California enacted the Women's Contraception Equity Act (WCEA) to force employers to cover the cost of contraception under their insurance plan.
* Catholic opposed the bill because they felt contraception was against their religion, and therefore the law was an unconstitutional violation of the 1st Amendment.
* The Trial Court found WCEA to be constitutional. Catholic appealed.
* The Appellate Court affirmed. Catholic appealed.
* The California Supreme Court affirmed.

* The California Supreme Court found that the law was required to eliminate gender discrimination.
* The Court noted that WCEA doesn't require employers to cover prescription drugs. It just says that if they do, then they must also cover contraception.
* WCEA had an exception for 'religious employers' such as the Catholic Church. But Catholic Charities was an independent non-profit corporation, and so didn't fit under that exemption.
* The Court suggested that Catholic should go back to the Legislature and ask them to amend the Statute if they didn't like it.
* Catholic unsuccessfully argued that the law interfered with religious autonomy, but the Court found that it wasn't a religious organization, it was just a non-profit corporation.
* Many of Catholic's employees weren't even catholic.
* Catholic unsuccessfully argued that WCEA interfered with the free exercise of religion, but the Court found that the law was religiously neutral and didn't discriminate against any one religion in particular.
* Catholic unsuccessfully argued that WCEA was arbitrary and capricious in their narrow construction of the 'religious employer' exemption, but the Court found that the law had a rational basis.

* The basic point of this case is that you can't use the 1st Amendment to avoid provisions of legally enacted and otherwise constitutional Statutes.
* See also Smith v. Fair Employment Housing Commission (12 Cal.4th (1996)), which held that a religious landlord couldn't keep non-married couples from renting rooms, just because they felt it was sinful.
* "You cannot isolate yourself via the 1st Amendment if you are in the marketplace."
http://www.invispress.com/law/family/catholic.html

I still think their argument the laws was far too narrow in its definition of "religious employer," and am surprised they did not appeal to the SCOTUS on at least that basis. However, the ruling that "Catholic Charities was an independent non-profit corporation, and so didn't fit under that exemption [for churches]" would not apply to schools and hospitals operated by the Catholic Church.

They did not say forcing religious institutions to pay for things their doctrine forbids satisfied the First Amendment. They said the charity was not a religious institution.
Honorbound and honored to be Bonded to Mahtaliel Sedai
Last First in wotmania Chat
Slightly better than chocolate.

Love still can't be coerced.
Please Don't Eat the Newbies!

LoL. Be well, RAFOlk.
This message last edited by Joel on 11/02/2012 at 01:37:53 AM
Reply to message
Democrats bailing on Obama - War against the Catholic Church heats up - 09/02/2012 04:03:35 AM 1625 Views
This is not a war on Catholics, it is Obama being an idiot again. - 09/02/2012 04:52:01 AM 656 Views
For someone who used to be a Con Law professor - 10/02/2012 08:23:34 PM 540 Views
Also, kudos for linking to a source, and a fairly non-partisan one as well. - 09/02/2012 01:33:07 PM 746 Views
I am a non-partisan guy, so I only use unbiased sources! *NM* - 09/02/2012 04:02:50 PM 541 Views
Is there really such a thing? *NM* - 09/02/2012 04:11:30 PM 438 Views
You lost all credibility in the first line of your post. - 09/02/2012 04:49:23 PM 679 Views
The subject line didn't help. *NM* - 09/02/2012 06:04:11 PM 472 Views
But it added some flair to the discussion! *NM* - 09/02/2012 07:46:47 PM 412 Views
You actually think any of us has 'credibility' anymore in regards to neutrality? *NM* - 09/02/2012 06:46:13 PM 436 Views
It's one thing to have a bias. - 09/02/2012 07:28:51 PM 712 Views
Some would say putting a spotlight on it is more honest. *NM* - 09/02/2012 09:34:17 PM 388 Views
Ah, the Rupert Murdoch School of Objectivity. - 09/02/2012 10:15:57 PM 655 Views
Wow, talk about making a supernova out of a couple hydrogen atoms. - 09/02/2012 08:41:44 PM 513 Views
I'm somewhat suprised that Obama blundered this badly. - 10/02/2012 01:40:14 AM 1535 Views
Why? Have you not been paying attention? - 10/02/2012 02:03:43 AM 1973 Views
If I am not satisfied with Romney then my Plan B is to not vote. - 10/02/2012 10:58:34 PM 1965 Views
How does that help anything? Except Romneys election chances, of course. - 11/02/2012 01:08:22 AM 1823 Views
Bullshit. - 11/02/2012 04:29:31 AM 2135 Views
A vote for no one is a vote for more BS. - 11/02/2012 05:55:11 AM 1902 Views
Obama doing this actually impresses me to no end. - 10/02/2012 02:21:10 AM 2062 Views
He is already preparing to cave. - 10/02/2012 02:42:32 AM 2059 Views
Why are you even replying to me? What you said has little meaning to what I said. - 10/02/2012 03:33:27 AM 1833 Views
"And here I thought he was just another politician." - 10/02/2012 01:29:36 PM 1911 Views
Aaaaand you can put your hat back on now: Obama has already caved. - 10/02/2012 04:04:30 PM 2058 Views
So Jehovah Witness employers should not have to pay for blood transfusions? - 10/02/2012 03:57:47 AM 630 Views
Not if it conflicts with their religious beliefs. - 10/02/2012 04:20:32 PM 765 Views
Money is not the same as speech! - 10/02/2012 07:20:56 PM 527 Views
No it isn't Joel, empirically you are dead wrong - 10/02/2012 11:24:19 PM 758 Views
I do not see how requiring private entities do it instead of the feds is "least restrictive way." - 11/02/2012 12:53:22 AM 745 Views
Catholic Charities of Sacramento Inc. v. Superior Court - 11/02/2012 01:21:46 AM 686 Views
"the Court found that it wasn't a religious organization, it was just a non-profit corporation." - 11/02/2012 01:36:33 AM 537 Views
The situation was identical to the pre obama controversy - 11/02/2012 02:42:57 AM 465 Views
The affiliation is the sticking point. - 11/02/2012 03:41:33 AM 832 Views
One last point - 10/02/2012 11:35:25 PM 849 Views
The federal government forcing private groups to facilitate without committing sin also infringes. - 11/02/2012 01:03:30 AM 626 Views
You argument does not make sense - 11/02/2012 01:26:57 AM 526 Views
It was an analogy, not an equivalency. - 11/02/2012 01:48:14 AM 642 Views
Lets enhance your analogy making it closer to reality - 11/02/2012 02:19:41 AM 714 Views
Why could I not buy it with my own money? - 11/02/2012 03:46:33 AM 708 Views
Re: Why could I not buy it with my own money? - 11/02/2012 04:17:17 AM 1956 Views
In other words, I could. - 11/02/2012 04:21:05 AM 436 Views
Some more points - 11/02/2012 02:30:27 AM 779 Views
Sex is not a necessity either. - 11/02/2012 03:56:51 AM 700 Views
I can't believe you just said that - 11/02/2012 04:30:12 AM 550 Views
The widespread inability to believe that is deeply worrisome. - 11/02/2012 06:33:01 AM 704 Views
LMAO due to Obama's compromise (the word compromise should have a in it ) - 11/02/2012 12:12:57 AM 744 Views
Obama just got two weeks of being portrayed as "anti-church" to the point even Dems complained. - 11/02/2012 02:00:28 AM 672 Views
The polls disagree with you. - 11/02/2012 02:32:59 AM 628 Views
It is an interesting article, but not for the polls. - 11/02/2012 04:18:17 AM 673 Views
I wouldn't put too much into that poll anyway - 11/02/2012 05:37:05 AM 800 Views
I don't think it's quite the laughing matter you think it is - 11/02/2012 12:31:23 PM 682 Views
Nossy that was not Joel, that was me - 11/02/2012 01:56:39 PM 682 Views
I know that. - 11/02/2012 03:23:32 PM 785 Views
Understood. - 11/02/2012 07:51:14 PM 661 Views
mmm... - 11/02/2012 08:20:26 PM 690 Views

Reply to Message