Judge Neil Gorsuch, whom President Donald Trump has nominated to the Supreme Court, wrote a concurring opinion on the U.S. Court of Appeals for the 10th Circuit defending the right of Christian business owners not to comply with a regulatory mandate issued by the Obama administration forcing them to cover abortion-inducing drugs and devices in their health-care plans.
The opinion was published Jun 27, 2013, in the case of Hobby Lobby v. Sebelius.
Gorsuch agreed with the appeals court’s ruling that Hobby Lobby and Mardel, two businesses owned by the Green family, were entitled to an injunction against the Obamacare regulation.
“The Greens’ claim in this case closely parallels claims the Supreme Court vindicated in Thomas and Lee. In Thomas, the plaintiff, a faithful Jehovah’s Witness, was willing to participate in manufacturing sheet steel he knew might find its way into armaments, but he was unwilling to work on a fabrication line producing tank turrets. …
“That’s the line he understood his faith to draw when it came to complicity in war-making, an activity itself forbidden by his faith. The Supreme Court acknowledged this line surely wasn’t the same many others would draw, and that it wasn’t even necessarily the same line other adherents to the plaintiff’s own faith might always draw. But the Court proceeded to hold that it was not, is not, the place of courts of law to question the correctness or the consistency of tenets of religious faith, only to protect the exercise of faith.