The Hobby Lobby case should never have happened

ObamaCare has failed to reconcile the tensions in our employer-based health care system. It's time to have a real debate about the issue.

Hobby Lobby
(Image credit: (Chip Somodevilla/Getty Images))

The Hobby Lobby case pitted two cherished American principles against each other. One was the free exercise of religion, as expressed in the Religious Freedom Restoration Act. The other was access to contraception, embodied in the Supreme Court's Griswold decision from the 1960s, and in the regulations issuing from the Department of Health and Human Services.

But the only reason this conflict arose was a New Deal-era tax loophole that gave birth to our peculiar employer-based health care system. The main lesson of Hobby Lobby is that this system has to go.

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