The Supreme Court ruling on BURWELL, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL. v. HOBBY LOBBY STORES, INC. has now opened up the precedent (ignoring how narrowly tailored the ruling was to only contraception) that under the RFRA, even if its a compelling government interest, the state cannot mandate any firm with sincere religious beliefs to carryout a requirement, so long as the government can pick up the slack? It seems like the least restrictive means will always be making the government do it instead and not restrict at all anyone’s religious beliefs.
On page 46 of the opinion, Alito writes: “Our decision should not be understood to hold that an insurance-coverage mandate must necessarily fall if it conflicts with an employer’s religious beliefs. Other coverage requirements, such as immunizations, may be supported by different interests (for example, the need to combat the spread of infectious diseases) and may involve different arguments about the least restrictive means of providing them.”
This certainly leaves open the possibility that the Court could rule differently on the “least restrictive means” issue in the future, but his language in section V-B, which discusses the “least restrictive means” test, seems to indicate that it is a difficult standard to pass. On page 41 of the opinion, he indicates that “the most straightforward way of [meeting the least restrictive means test] would be for the Government to assume the cost.” He also says that “HHS has not shown … that this is not a viable alternative.” This seems to indicate that if such a challenge were to come up regarding vaccination or blood transfusions, or whatever else, the burden would be on the Department of Health and Human Services to show that it would be impractical for the Government tocover the cost. That would be quite the burden for the Government to prove.
Ginsberg seems to agree with that reading in her dissent. On page 29 on the dissent, she writes, “And where is the stopping point to the ‘let the government pay’ alternative? Suppose an employer’s sincerely held religious belief is offended by health coverage of vaccines, or paying the minimum wage, … or according women equal pay for substantially similar work…? Does it rank as a less restrictive alternative to require the government to provide the money or benefit to which the employer has a religion-based objection?” In addition to indicating that the Court’s logic could prove problematic in the future, she asserts that it is flawed at present, saying, “In sum, in view of what Congress sought to accomplish, i.e., comprehensive preventive care for women furnished through employer-based health plans, none of the proffered alternatives would satisfactorily serve the compelling interests to which Congress responded.”
I agree with Justice Ginsberg on many points here, especially the last few pages of her dissent. Justice Alito attempts to narrow his ruling as much as possible, but leaves a lot of questions unanswered as to the basis for his narrow ruling. To me, the most compelling arguments come from sections III-4 and IV (pages 27-35) of Ginsberg’s dissent. Shebasically asserts that the Court’s ruling has much broader implications than it intends, and poses quite a few questions about the basis for the narrow ruling.
I am also inclined to agree with her reasoning that the Court should have no business in determining which religious views are legitimate and which are not, and that religious exemptions from generally applicable law should be reserved for groups that are organized “for a religious purpose” and/or “engaged primarily in carrying out that religious purpose”.
Americans are fixated these days on polygamy, and it’s fair to say we don’t know how to feel about it. Polygamy evokes both fascination and revulsion—the former when Chloe Sevigny is involved, and the latter when it is practiced by patently evil men like Osama Bin Laden and Warren Jeffs, the fundamentalist Mormon leader who had a thing for underage wives. At the same time, the practice of plural marriage is so outside mainstream American culture, so far in the past for many Westerners, that it has come to be regarded as almost quaint. What’s so wrong with it, if it works for some people? In counterculture circles, the practice of polyamory, or open partnerships, is supposed to be having some sort of moment. All of which explains why, in response to the argument by conservatives like Rick Santorum and Antonin Scalia that gay marriage could be a slippery slope leading to polygamy, some feminists, lefties, and libertarians have wondered aloud whetherpluralmarriage is really so bad.
History suggests that it is. A new study out of the University of British Columbia documents how societies have systematically evolved away from polygamy because of the social problems it causes. The Canadian researchers are really talking about polygyny, which is the term for one man with multiple wives, and which is by far the most common expression of polygamy. Women are usually thought of as the primary victims of polygynous marriages, but as cultural anthropologist Joe Henrich documents, the institution also causes problems for the young, low-status males denied wives by older, wealthy men who have hoarded all the women. And those young men create problems for everybody.
“The essence of my happiness is fighting for the happiness of others. It’s strange, why is it that in grammar, the word “happiness” can only be singular? That is counter to its meaning, after all. … If it turns necessary to die for the common happiness, then I’m ready to.” -Roza Shanina
Roza Shanina was a Soviet sniper during World War II, credited with fifty-four confirmed hits, including twelve soldiers during the Battle of Vilnius. Praised for her shooting accuracy, Shanina was capable of precisely hitting moving enemy personnel and making doublets (two target hits by two rounds fired in quick succession). She volunteered to serve as a marksman on the front line.
Tatiana Savicheva (January 25, 1930 – July 1, 1944) was a Russian child diarist who died during the Siege of Leningrad in the World War II. Her diary is one of the most tragic symbols of the Siege of 1941-1945.
Twelve-year old Tanya Savicheva started her diary just before Anne Frank. They were of almost the same age and wrote about the same things – about the horrors of fascism. And, again, both these girls died without seeing victory day – Tanya died in July of 1944 and Anne in March of 1945. “The Diary of Anne Frank” (which was a carefully kept journal over a period of two years) was published all over the world and she has become one of the most renowned and most discussed victims of the Holocaust. “The Diary of Tanya Savicheva” was not published at all – it contains only seven scary notes about the deaths of her family members in Leningrad at the time of the blockade.
Leningrad (modern-day St Petersburg) was in the midst of a devastating 900-day blockade that lasted from September 1941 until January 1944. The German army had laid siege to the city, bombarded it and cut off all supplies in its attempt to ‘wipe it off the map’, as Hitler had ordered.
The Savicheva family had all answered the call to help bolster the city’s defences. Tanya, only 11 years old, helped dig anti-tank trenches. On 12 September 1941, the largest food warehouse, the Badayev, was destroyed, bombed with German incendiaries. Three thousand tonnes of flour burned, thousands of tons of grain went up in smoke, meat frazzled, butter melted, sugar turned molten and seeped into the cellars. ‘The streets that night ran with melted chocolate,’ said one witness, ‘and the air was rich and sticky with the smell of burning sugar.’ The situation, already severe, became critical.
Road of Life
As winter approached, Lake Ladoga, to the east of the city, froze. From December 1941, supplies of foodstuffs, fuel and medicine came through by convoys of trucks, a hazardous journey over thin ice and through enemy bombardment. What was brought in on this ‘Road of Life’, although vital, was only ever a fraction of what was needed.
Within the city, as that first winter progressed, whatever could be eaten had been consumed – pets, livestock, birds, vermin. And whatever could be burnt had been used for firewood. Tanya had kept a thick diary but this, as with every other book in the household, had been used for fuel – except for a slim notebook.
The youngest of five children, Tanya Savicheva’s father had died when she was six. Tanya, her mother and her five siblings, in common with every citizen of Leningrad, suffered terribly from hunger and cold. One winter’s day, Tanya’s sister Nina, 12 years older, failed to return. The family assumed that like so many hundreds of others, she had succumbed and died. In fact, Nina had been evacuated out of the city across Lake Ladoga at a moment’s notice. She returned to the city only after the war.
One by one, the remaining members of Tanya’s family died, and it was recording of each death that constituted the notebook.
The first entry recorded the death of her sister, Zhenya, who died at midday on 28 December 1941. Others were to follow until the sixth and final death, that of Tanya’s mother, on 13 May 1942. A neighbour described the tragic figure of this young girl:
‘When Tanya lost everyone, she became deranged with grief. She would clutch at a small house plant, which had only a few withered leaves left, and was virtually dead. Somehow, it seemed to remind Tanya of her family. She would stand by her stove, swaying from side to side, holding it close to her, in a terrible trance. She was trying to bring it back to life.’
Tanya herself was eventually evacuated out of the city in August 1942, along with about 150 other children, to a village called Shatki. But whilst most of the others recovered and lived, Tanya, already too ill, died of tuberculosis on 1 July 1944.
Her notebook was presented as evidence of Nazi terror at the post-war Nuremberg Trials, and today is on display at the History Museum in St Petersburg.
The text of Tanya’s notebook reads as follows:
Zhenya died on Dec. 28th at 12:00 P.M. 1941
Grandma died on Jan. 25th 3:00 P.M. 1942
Leka died on March 5th at 5:00 A.M. 1942
Uncle Vasya died on Apr. 13th at 2:00 after midnight 1942
Women’s experience during the siege of Leningrad: Leningrad’s women, 16-45, were mobilized by the thousands. Women were the majority of the half-million civilians who dug anti-tank ditches and defense fortifications and1,500 women were mobilized to work in peat bogs to provide the city with fuel.
The long-suffering women of Leningrad suddenly realized that on them lay the fate not only of their family, but of their city, even of the entire country. Aware of the burden placed upon them to protect their city, able-bodied Leningradian women between 16- and 45-years-old were mobilized in numbers reaching the hundreds of thousands. Women formed the vast majority of the approximately half-million civilians assembled to build anti-tank ditches and defense fortifications along the Pskov-Ostrov and Luga rivers, and 1,500 women were mobilized to work in peat bogs to provide the city with fuel.
The death of men in Leningrad during the war made the siege of Leningrad a woman’s experience. In the face of the men’s absence, women were expected to replace men in the factories, prepare defense fortifications, and protect the city from incendiary bombs, among many other traditionally male duties. All the while, women also fulfilled their traditional responsibilities, such as maintaining home and hearth and preserving societal morality, all increasingly difficult tasks during the severe conditions of the siege. Women managed to assume both roles, all while suffering from starvation, the disintegration of relationships, and alienation from their own bodies. Their experience of the siege illustrates how the ideology of the “new Soviet woman” — woman as man’s professional equal, fulltime worker, loyal Communist citizen, and devoted mother and wife — persisted in the darkest days of the siege of Leningrad.
There are a ton of survivor testimonials on the siege of Leningrad on YouTube.
The siege of Leningrad lasted 872 days. Civilians in the city suffered from extreme starvation. 750 000 people died, which represented between quarter and a third of the city’s pre-siege population. It was the greatest loss of life experienced by a modern city.
I got 2 minutes into this one before I couldn’t take any more.