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When Are Objections ‘Religious’ Objections?: Hobby Lobby, Wheaton College, and Contraceptive Coverage

On June 30th, the Supreme Court of the United States handed down its decision in Burwell vs. Hobby Lobby. The case required the court to consider whether closely held for-profit companies owned by individuals with sincere religious objections to abortion should receive a special exemption from providing healthcare coverage for contraceptives that may act after fertilisation but before implantation of an egg. Coverage of twenty types of contraceptives – including the four specific types that the owners consider to be abortifacients – is otherwise legally required as part of the employer-sponsored health insurance mandated by the Patient Protection and Affordable Care Act 2010 (ACA). For a more in depth overview of the facts of the Hobby Lobby case and the key questions before the court, see my previous post on this blog.Read More »When Are Objections ‘Religious’ Objections?: Hobby Lobby, Wheaton College, and Contraceptive Coverage

European Guidelines: How much cinnamon can go in our buns, and what kind of dignity do we want at the end of life?

Over on the Ethox blog Angeliki Kerasidou and Ruth Horn discuss the European Union and the need for cultural understanding between member states, with a focus on the concept of dignity at the end of life. The results of the recent European elections revealed the disconnection between member states and the European Union. Populist anti-European parties… Read More »European Guidelines: How much cinnamon can go in our buns, and what kind of dignity do we want at the end of life?

Taking Rape Allegations Seriously: How Should We Treat the Accused?

Last week, the Crown Prosecution Service announced that it would not pursue further action against Oxford Union president Ben Sullivan, due to insufficient evidence arising from an investigation into the two accusations of rape and attempted rape made against him. In early May, Sullivan was arrested and released on bail, prompting a chaotic six-week period for the Union as the Thames Valley Police investigated the claims made against him. After Sullivan refused to resign, a number of high-profile speakers, including the UK director of Human Rights Watch, the Interpol secretary-general, and a Nobel Peace prize winner, pulled out of their speaking commitments as part of a larger boycott of Union events.

In an open letter (which has since been taken down) calling for the boycott, students Sarah Pine, who is Oxford University Student Union’s Vice President for Women, and Helena Dollimor wrote, “Remaining in his presidency continues to offer prestige and power to someone who is being investigated for rape. This undermines the severe nature of allegations of sexual offences.” In contrast, Oxford professor A.C. Grayling penned a response to the letter refusing to cancel his scheduled talk at the Union, noting, “I simply cannot, in all conscience, allow myself to act only on the basis of allegations and suspicions, or of conviction by the kangaroo court of opinion, or trial by press…” In this post, I look at the spectrum of responses in the wake of Sullivan’s arrest, of which these two examples represent the poles. More broadly, I consider how we ought to respond – both as individuals and a society – when those in positions of power are accused of rape or other sexual offences.Read More »Taking Rape Allegations Seriously: How Should We Treat the Accused?

On Canada’s Proposed Bill C-24: The So-called ‘Strengthening Canadian Citizenship Act’

A new bill proposed by the Canadian government’s Citizenship and Immigration Minister, Chris Alexander, has been getting a lot of press recently. (You can find the bill here and the current Act here). Bill C-24, called by its proponents the ‘Strengthening Canadian Citizenship Act,’ is meant to do just that: Strengthen Canadian Citizenship. The changes it proposes to the extant Canadian Citizenship Act are legion, and vary in their significance. Certainly, the changes are not all bad. It calls, for example, for modifications that would allow so-called ‘lost Canadians’ a chance to become citizens. People who, for one reason or another, never received citizenship when they should have. It also introduces more consistently gender-neutral language, rather than favouring the masculine pronoun, and acknowledges common-law partnerships, where the current act only recognizes marriage. These are good things. But, the press hasn’t focused on these gains. This is because a series of changes proposed by the bill will also make Canadian citizenship harder to get and easier to lose. Like others, I’m opposed to the latter set of changes being proposed. However, unlike others, my dissent isn’t based on the introduction of what is being called a distinction between first and second-class citizens. Instead, it is based on the assumption, implicit in proposed bill and explicit in the rhetoric of its defense, that citizenship is a privilege and not a right.Read More »On Canada’s Proposed Bill C-24: The So-called ‘Strengthening Canadian Citizenship Act’

Does it matter that there’s cocaine in our water supply?

Scientists from the Drinking Water Inspectorate have recently discovered benzoylecgonine in water samples at four test sites, a finding that is thought to be a result of high levels of domestic cocaine consumption. Benzoylecgonine is the metabolised form of cocaine that appears once it has passed through the body, and is the same compound that is tested for in urine-based drug tests for cocaine. It is also an ingredient in a popular muscle-rub, however, so the origins of the compound in our water are somewhat uncertain. Steve Rolles from the drug policy think tank Transform has suggested that the findings are an indication of the scale of the use of cocaine in Britain today. According to a 2010 UN report, the United Kingdom is the single largest cocaine market within Europe, followed by Spain.  In contrast to the shrinking cocaine market in North America, the number of cocaine users in European countries has doubled over the last decade, from 2 million in 1998 to 4.1 million in 2007/8. Although the annual cocaine prevalence rate in Europe (1.2%) is lower than North America (2.1%), the UK prevalence rate (3.7% in Scotland and 3.0% in England and Wales) is actually higher than the US (2.6% in 2008). According to the charity DrugScope, cocaine is the second most used illegal substance in the UK after cannabis: there are around 180,000 dependent users of crack cocaine in England, and nearly 700,000 people aged 16-59 are estimated to take cocaine every year. Further, according to the government statistics, in the years 2012-13, cocaine was the only drug to show an increase in use among adults between 16-59. All this does appear to suggest a possible link between the benzoylecgonine found in the water supply and high levels of cocaine use in the UK.

Read More »Does it matter that there’s cocaine in our water supply?

On the ‘right to be forgotten’

This week, a landmark ruling from the European Court of Justice held that a Directive of the European Parliament entailed that Internet search engines could, in some circumstances, be legally required (on request) to remove links to personal data that have become irrelevant or inadequate. The justification underlying this decision has been dubbed the ‘right to be forgotten’.

The ruling came in response to a case in which a Spanish gentleman (I was about to write his name but then realized that to do so would be against the spirit of the ruling) brought a complaint against Google. He objected to the fact that if people searched for his name in Google Search, the list of results displayed links to information about his house being repossessed in recovery of social security debts that he owed. The man requested that Google Spain or Google Inc. be required to remove or conceal the personal data relating to him so that the data no longer appeared in the search results. His principal argument was that the attachment proceedings concerning him had been fully resolved for a number of years and that reference to them was now entirely irrelevant.Read More »On the ‘right to be forgotten’

Do people have a right to be bigots?

 Last month Australia’s Attorney-General said in parliament that “people have the right to be bigots”. The remark came in the context of a debate about the government’s proposed amendments to sections of the country’s Racial Discrimination Act 1975 that deal with racial hate speech.

The relevant provisions of the Act make it unlawful for a person to ‘do an act’, otherwise than in private, if:

(a)    the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and

(b)   the act is done because of the race, colour or national or ethnic origin of the other person or of some or all of the people in the group.

This section was added in 1995 and until recently had largely gone unnoticed by the majority of Australians. But the newly elected government made a commitment prior to its election that it would amend the provision (and a defence provision) on the grounds that it unduly restricts free speech – and so a hearty debate has ensued.

The question is: are hate-speech laws, and in particular the Australian provision, overly restrictive of free speech?

 Read More »Do people have a right to be bigots?

Complicity and Contraception: Rethinking Hobby Lobby’s Claim of ‘Substantial Burden on the Exercise of Religion’

Within the next month, the United States Supreme Court will decide whether for-profit corporations shall receive an exemption from providing certain types of contraceptives that are otherwise mandated for healthcare coverage by federal law to employees on the basis of the religious objections of the corporations’ owners.  The two cases considered in tandem by the Supreme Court, Sebelius v Hobby Lobby Stores, Inc., and Conestoga Wood Specialties Corporation v Sebelius (Hobby Lobby from here on out), feature a Christian-owned arts and crafts chain and a Mennonite Christian-owned furniture manufacturer, the owners of which object to four specific forms of birth control that they claim cause abortions.

In making their argument for an exemption, the claimants rely mainly on the Religious Freedom Restoration Act (RFRA) passed by Congress in 1993. The RFRA states, “Government shall not substantially burden a person’s exercise of religion…” unless “that application of the burden to the person – 1) is furtherance of a compelling governmental interest; and 2) is the least restrictive means of furthering that compelling governmental interest.” This sets up three tests for judging the permissibility of a government act: the substantial burden test, the compelling interest test, and the least restrictive means test. For the claimants in Hobby Lobby to be successful under the RFRA, the Supreme Court would need to decide first that the government’s ‘contraception mandate’ is indeed a ‘substantial burden’ and second that the provision of contraception is both a compelling government interest and that employer based health insurance is the least restrictive method for securing that interest.

Scholars and journalists have taken various approaches in responding to the range of questions related to these three tests. However, I argue here that Hobby Lobby’s exemption claim can be denied without diving into this spectrum by showing that it fails to meet the first test: the government does not place a substantial burden on the exercise of religion by Hobby Lobby and Conestoga Wood in its ‘contraception mandate.’Read More »Complicity and Contraception: Rethinking Hobby Lobby’s Claim of ‘Substantial Burden on the Exercise of Religion’