The Supreme Court gives corporations Freedom of Religion protection. Absurd.
The right-leaning judges of the majority argued that “closely held for-profit corporations” running on religious principles, such as Hobby Lobby, had a right to exempt themselves from federal laws that impinge their religious sensibilities.
The left-leaning judges challenged, but lost. “The court’s expansive notion of corporate personhood,” Justice Ginsburg wrote, “invites for-profit entities to seek religion-based exemptions from regulations they deem offensive to their faiths.” (New York Times).
Are corporations people?
The Citizens United case, which allowed corporate money in campaigns, sure suggested “yes.” Now, I guess its clear. Corporations are certainly and absolutely persons. Persons, yes. Perhaps more specifically, zombies. Consider: Corporations never feel pain, loss, or ever die (so vampires?).
While in recess, the Supreme Court should prepare for the onslaught of questions that will soon be rolling in. If corporations are persons, and persons have a right to practice their religion—thus exempting such religiously constituted corporations from having to provide federally mandated services, such as birth control in the case of Hobby Lobby—what constitutes religion?
What is a religion?
I’d like my Jewish corporation, which, on religious grounds is closed on Saturdays, to be exempt from one-seventh of its tax burden. Sure the company’s on-line store is open, but nobody is working (its forbidden on Shabbat). For us, to pay taxes that would be collected on Saturday would constitute our business as “working.” According to our rabbi, automated mechanisms set before Shabbat do not constitute working on Shabbat. You see the issue. I claim Religious Freedom for Jewish businesses that are open/not-open from sundown Friday to nightfall on Saturday.
Is Pasta-farianism, a “real” religion, likewise recognized by the government, and thus protected? Would a company whose corporate leaders organized their for-profit business around the values of the Flying Spaghetti Monster be exempt from taxation of Rolling Rock? After all, the official website of the Pastafarians’ Church of the Flying Spaghetti Monster clearly claims, “We are fond of beer.”
Would George Costanza, of Seinfeld fame, and his family be exempt from paying taxes on unadorned metal poles? The Festivus Pole is central to the celebration of Festivus (“Festivus, the holiday for the rest of us.”). Similarly, anything having to do with the “Airing of Grievances” or the “Feats of Strength” should likewise have Freedom of Religion protection for any individual or corporation that identifies itself as striving to live good, clean Festivus values.
“Daddy started out in San Francisco,Tootin’ on his trumpet loud and mean. Suddenly a voice said, “Go forth Daddy,Spread the picture on a wider screen.” And the voice said, “Brother, there’s a million pigeons Ready to be hooked on new religions. Hit the road, Daddy, leave your common-law wife. Spread the religion of The Rhythm Of Life.”And The Rhythm Of Life is a powerful beat, Puts a tingle in your fingers and a tingle in your feet. Rhythm in your bedroom. Rhythm in the street.” (1969 film version, with Sammy David Jr. as Daddy).
My wife and I are devastated, of course. As a Rhythm of Lifer, can he still be considered Jewish? Can he be buried in a Jewish cemetery? Most importantly, does his incorporated band have to pay the thousands of dollars they have incurred in noise ordinance fines?
I expect that the Supreme Court will need to answer these questions in the next session. Clearly the absurd is part of the Court’s new religion, so they’ll be no stopping them.
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This morning I waited until the Supreme Court convened before posting here. Elation is the feeling that many of us whose marriages have not previously been recognized federally are feeling this morning. And for those in California, marriage equality can, at last, be celebrated. For sure, the work is not yet complete – 40 states continue to discriminate against their citizens. But there is no question that progress was made in civil rights and civil law today.
There is so much that could be said this morning. But for me, the blessing that I am recognizing this morning is the blessing of being seen. It is a blessing that each and every one of us, irrespective of sexuality or any other aspect of our identity, can bestow on others, understanding the incredibly powerful impact of receiving that blessing ourselves. It lies behind the central principle of all world religions, ‘Love your neighbor as yourself.’
Each time I have filed my taxes separately from my spouse, each time I had to apply for the next round of immigration on my journey from rabbinic student to permanent resident and the love of my life was invisible … these were moments when an essential part of my self and my life was unseen. Standing in line to come through security on our way back from a trip and watching the married couple in front of us being processed together and then having a TSA agent insist that my wife and I be processed individually was a moment of humiliation that highlighted how something that is so precious to us is treated as unseen by others. And for anyone who has ever had the experience of being denied access to their loved one’s side in a hospital room, the experience of being unseen is excruciatingly painful.
As Jews, every Passover we announce how we will tell the story as if we, ourselves, personally experienced the Exodus from Egypt; we are called upon to get in touch with the experience and feelings of the journey from having lived a restricted life to entering a new world of freedom. Over and over we are reminded in the Torah to remember that we were once slaves in Egypt as we engage with others that we encounter. Our own experiences of being unseen can sensitize us to the ways in which others often go unseen too: the individual who is sitting alone in the synagogue sanctuary, the child who can’t learn in the same way as others but deserves the blessing of a bar or bat mitzvah and a meaningful Jewish life just the same, the homeless person on the street that we can always greet even when we can’t give, the person sitting in a wheelchair who would like you to look at them and speak to them directly when you are serving them in a store, the cashier in the supermarket who isn’t just another piece of the check-out machinery…
The experience of being fully seen is a holy experience. The philosopher, Martin Buber, might call it an ‘I-Thou’ moment. We often hold back from fully revealing ourselves at the deepest, soul level that truly represents who we are because we are afraid that our gift may be rejected. When another person responds in a way that makes us feel invisible, the pain that results is something that most of us, at some point in time, has experienced. But the blessing that comes with revealing our full essence and being received fully by another human being is a truly spiritual experience that brings wholeness not only to individual lives, but to communities and societies too.
For thousands of gay and lesbian married couples, today is a day when we can celebrate the blessing of being seen. May it propel each one of us to do our part to spread that blessing to all.
I can’t seem to decide, do I want to move America “Forward” or do I “Believe in America”? I’m not sure if it matters that I back President Obama or Governor Romney because what I really worry about is what they can or can’t get done. Congress seems so divided that precious little can ever get done. According to Gallup, Congress’ Approval Rating was at 10% in February; now it is up to 17% (April). By comparison, BP’s approval rating during the horrible oil spill in the Gulf was 16%. I won’t be surprised when I see“Congress, we’re kinda like cheap gas” on the bumper of the Subaru that keeps my neighborhood politically informed.
The system of checks and balances that we have in this country looks to the Justice System, the Supreme Court, when the other two need sorting out. With life-time appointments, our highest justices are suppose to be the adults in the room. Are they? Before the Supreme Court, right now, is the best Health Care bill our great nation has been able to produce since the creation of Medicare. It’s not perfect, but I believe in incremental progress when the alternative is gridlock and argument while those in need suffer.
The need for progress in health care is startling, and marks a divide be in our county between those who have and can afford access and those who cannot. The journal Health Affairs, recently presented us with this stark reality:
“…Access to health care and use of health services for adults ages 19–64—the primary targets of the Affordable Care Act—deteriorated between 2000 and 2010, particularly among those who were uninsured. More than half of uninsured US adults did not see a doctor in 2010, and only slightly more than a quarter of these adults were seen by a dentist.”
The central role of government is to keep us safe, which includes much more then external military or terrorist threats, but also our physical and mental health. The Talmud teaches that a rabbi is prepared to interpret law, when he or she can prove that which is unkosher to be kosher in twenty-four different ways. I assume the same thing of Supreme Court Justices, civil jurists of the highest ability. Activists or strict Constitutionalists, I believe that they can find what they want in the law to say whatever they want. Which brings the issue to a moral question – Everyone deserves medical coverage. In one of the most affluent nations in world history, it is an embarrassment that 5000 people have to wait once a year outside a sports area to get free health care (a big “thank you” to the volonteers at CareNow LA, now called Care Harbor).
If the Supreme Court strikes-down the Health Care Act, and we have to start health care reform all over again, instead of fixing the imperfect beginnings that are already underway, I’m just going to freak out. If the Health Act tanks, Obama won’t save us, and Romney won’t either. Rabbi Abraham Joshua Heschel taught that “in a free society, some are guilty, all are responsible.” So if they mess it up, its on us, people. We’ll have to act. If they do strike it down, this is what I want you to do: “I want you to go to the window, open it, and shout, ‘I’m mad as hell, and I’m not going to take it any more!‘”
No matter how much we “believe in America”, it may take a collective crescendo of rage to move us “forward”.