Today the Supreme Court of the United States handed down what many believe will be one of its most significant decisions of this term. In summary the court decided by the narrowest of margins (5-4) that a privately owned company cannot be forced by the government to pay for health care which violates the religious convictions of the owners. Those who sided with the plaintiffs, which in this case were Hobby Lobby and Conestoga Wood Specialties, will claim a great victory for our first amendment rights, specifically the protection of religion. The comments posted online by the Pennsylvania Family Institute reflect the sentiments of many evangelicals. Liberty in America was affirmed and protected today as the United States Supreme Court sided with advocates for First Amendment freedoms, and rejected government overreach into the lives of those who own and operate businesses. You can read their complete statement here.
There is, however, cause for great concern in this apparent victory. Our government was established to function with three equal but separate powers; the executive (president), the legislative (congress) and the judicial (courts). Each has their role to play in concert with the others. One of the geniuses of our founders was that our laws were to be established by the officials who were elected by the people. Those who were closest to the people and answerable to the people made the laws.
However, recent history has demonstrated the inability of the executive and legislative branches of our government to function together for the good of our nation. For some time our nation has been at a political impasse. While many on both the right and the left of the political spectrum see their primary responsibility as impeding the agenda of their opponents there is a dark side to this impasse. We have effectively become a nation ruled by the courts. No longer is the will of the people or their elected representatives the key factor in determining our laws. Instead a few unelected judges who do not need to answer to the people determine the laws that govern us.
In the case of Hobby Lobby and Conestoga Wood Specialties Christians approve the court’s decision. But what happens when the makeup of the court shifts to the left? When decisions begin to come down in opposition to our religious beliefs? It will only take one more strategic appointment for the votes to become 5-4 against religious freedom. And another to be 6-3. Before we rejoice too loudly we need to understand what is at stake. We need to realistically evaluate the course on which we are headed. A country that is ruled by its judiciary can more easily be led down a different path than a country in which the laws are established by the representatives of the people. Do we really want to be a nation ruled by judges? Even if they occasionally rule in our favor?
While I am grateful for the ruling in the Hobby Lobby/Conestoga Woods case, I believe that it is a dangerous harbinger of things to come. That we will increasingly become a nation ruled, not by laws passed by the people or their representatives, but by judges. And if recent history is any indicator, the decisions will not reflect a biblically based wisdom, but a humanistic view of life. There is danger in the path that we are on even if we see occasional victories.
Which brings me to this: our confidence is not in man but in God. The Psalmist reminds us that it is better to take refuge in the Lord than to trust in man (Psalm 118:8) and the writer of Hebrews that the Lord is my helper; I will not fear. What can man do to me? (Hebrews 13:6).
Ultimately our hope is not in the laws that are passed or the judicial decisions that are rendered but in a righteous God who never changes (Hebrews 13:8). That is where we need to rejoice!
Stay in the Word