Do you remember back in 2008, when Sarah Palin was asked which Supreme Court decisions she didn’t agree with other than Roe v. Wade, and she couldn’t think of any? I remember it became sort of a game among some of us: as ordinary citizens who were not running for the second highest public office in the country, how many Supreme Court decisions could we think of that we didn’t agree with? I came up with about half a dozen right off the top of my head. Dred Scott, obviously. Plessy v. Ferguson. Bowers v. Hardwick. Bush v. Gore. (Chime in with your own in the comments!)
And — very importantly, so important that I would rank it as one of the most disastrous events in our country’s history, with profound and far-reaching toxic effects touching every aspect of everyone’s lives on a day-to-day basis — Santa Clara County v. Southern Pacific Railroad, in which the Court determined that corporations are legally people, with constitutional rights comparable to those of actual people.
It’s been pointed out, by many people before me, that if for-profit corporations really were human beings, they would be sociopaths. Their primary motivation is entirely self-serving — in fact, they’re legally required to prioritize maximizing profit over all other concerns. As Justice John Paul Stevens wrote in his Citizens United dissent, “Corporations have no consciences, no beliefs, no feelings, no thoughts, no desires.” And it’s been pointed out, by many people before me, that corporate personhood tips the balance of power in the U.S. — since corporations have Constitutional rights that actual people have, and they have enormous amounts of wealth that most actual people don’t, they can effectively control the entire political process. Corporate personhood doesn’t just tip the balance of power. It plants a giant Godzilla foot on one side of the balance of power. It crushes the entire scale of justice. Again, to quote Justice Stevens’ Citizens United dissent: “A democracy cannot function effectively when its constituent members believe laws are being bought and sold.”
And now, corporations don’t just have the right to donate as much money to political campaigns as they want to, thus entirely controlling the political process, because money equals free speech and corporations are people with the right to free speech.
They now have the right to religious freedom. With the Hobby Lobby decision, corporations don’t have to obey the law and cover birth control in their health insurance plans, if the corporation’s religious beliefs oppose it.
“The corporation’s religious beliefs.” Roll that phrase over in your head a few times.
Now, here’s the thing. An actual individual person’s right to religious freedom mostly just affects their own actions. They can wear a cross, avoid pork and shellfish, pray to Mecca five times a day. Their religious freedom doesn’t give them the right to control other people’s actions. The only exception I can think of is a parent’s rights to determine their children’s religious upbringing — and even that has limits in most states. It’s true that actual religious organizations, such as churches or synagogues or religious schools, have some rights to control what their employees and participants in their programs can do: they can hire and fire on the basis of religious ideology, demand that students adhere to a religious moral code, etc. But religious organizations have special limits and responsibilities. They can’t endorse political candidates, for one thing (not if they want to stay tax-exempt). And very importantly, they’re expected to have religion as their primary motivation — not the maximization of profit.
But a corporation’s “right” to religious freedom doesn’t only affect their own practices. A corporation’s “right” to religious freedom gives them the right to control, not only their own decisions, but the decisions of the people who work for them. The owners of Hobby Lobby now not only have the right to choose for themselves whether to use birth control — they have the right to make that decision for their employees. The Hobby Lobby decision essentially gives corporations the same rights as religious organizations — with none of the special limits or responsibilities.
You might argue that people don’t have to work for Hobby Lobby if they don’t like their policies. You might argue that Hobby Lobby employees can pay for their own birth control, separate from the health insurance provided by their employers. The problem with that is that we have a shitty economy, in which huge numbers of people are financially unstable and insecure at best. We have an antiquated health insurance system in which health care is tied, for absurd reasons rooted in obsolete historical quirks, to employment. We have a country in which “take this job and shove it” is, for huge numbers of people, simply not an option. And we have all this, again, largely because of laws and policies controlled by corporate money.
There are religions that permit, and even demand, discrimination on the basis of race. Can corporations now fire black employees, or refuse to serve black customers, if they claim that it’s part of their religion? There are religions that permit, and even demand, segregation by gender. Can corporations now fire women, or refuse to serve women customers, or demand that women employees and customers work and shop separately from men, if they claim that it’s part of their religion? Can corporations now fire employees, or refuse to serve customers, based on their religion — or lack thereof? As Justice Ruth Bader Ginsburg wrote in her dissent, “Would the exemption… extend to employers with religiously grounded objections to blood transfusions (Jehovah’s Witnesses); antidepressants (Scientologists); medications derived from pigs, including anesthesia, intravenous fluids, and pills coated with gelatin (certain Muslims, Jews, and Hindus); and vaccinations[?]… Not much help there for the lower courts bound by today’s decision.”
Corporations in the United States have nearly unlimited power. And with today’s Hobby Lobby ruling, corporations now have the rights of individuals, and the rights of religious organizations, and the rights of… well, of corporations. Plus they have massive wealth. And because they control the political process, they have the power to keep expanding that power. (If you think the Supreme Court is beyond the reach of corporations — think about who appoints and approves them.) They have nearly unlimited power. They have the power to keep expanding that power. And they are required by law to maximize their self-interest over all other concerns.
Does that seem like a good idea?
There is a serious movement happening to amend the Constitution and overturn corporate personhood. Please support Move to Amend and Wolf PAC: sign their petitions, support the organizations, and spread the word. And obviously: Boycott Hobby Lobby.