• The Slippery Slope of the Hobby Lobby Fallout

    Earlier this year, the U.S. Supreme Court ruled in the Hobby Lobby case that a closely-held for-profit company could use their religious beliefs as a reason to refuse to pay for birth control their employees. I think the court was 100% wrong in this decision and I’m annoyed that it’s probably going to take us decades to undo the damage this ruling is going to cause.

    Hey, You Got Your Church In My State! by David Goehring from Flickr (Creative Commons License)
    Hey, You Got Your Church In My State! by David Goehring from Flickr (Creative Commons License)

    I’m a huge advocate for the separation of church and state and the notion that people can have whatever religious beliefs they want, as long as they don’t try to inflict them on others. This ruling crosses that line. If the federal government passed a law that says companies with 50 employees or more have to provide certain health insurance to employees and a company doesn’t like it, their options should have been to pay the penalty for violating the law or shrink their company so the law wouldn’t apply to them, not getting an exception based on religious beliefs.

    This week I read about a similar case – a pharmacy in Washington State wants to refuse on religious grounds to stock and dispense Plan B (the morning after pill) even though all pharmacies are mandated by state law to carry it.

    Here’s my take on these situations – laws should be passed for the good of the general public. If you don’t like a law, don’t put yourself in a situation where you have to abide by it. If you’re a pharmacist who dislikes your state’s laws about what products you have to carry, get out of the business or move to a state that doesn’t have that requirement.

    There are plenty of laws that I don’t like but I accept that I have to follow them or accept the penalty if I get caught breaking them. I can try to get the law changed, but until that happens, I’m stuck with them.

    Having legally recognized exceptions written into laws is one thing, but giving people the ability to refuse to follow the law based on religious beliefs is a slippery slope. When I was an undergrad, I was furious to learn that a pharmacist at the student health center wasn’t filling prescriptions for the morning after pill because of her religious beliefs so students could only get that prescription filled when she wasn’t working. She should have been fired for that. What’s next – a clerk at a sex shop telling his boss that he’s ok with selling sex toys but he can’t sell porn because it violates his religion? Or a biblical literalist who works at a department store who claims she can’t ring up customers who buy garments made of more than one fabric?

    If I had to claim a religion, I’d say it’s Wheaton’s Law (“Don’t be a dick”). As a business owner, I get to handpick who I do business with, and I don’t work with clients who are dicks. But if there was a law that said I had to, I’d look for a way to change my business to get out of it or make it worth my while. However, if I was ever someone’s employee again, I would never get away with that. If I refused a direct order from my superior, claiming that dealing with dicks violated my religious beliefs, I’d expect to be fired.

    (Mental note: If business owners and employees are allowed to violate or get exceptions to the law based on religious beliefs, I need to start documenting my sincerely held religious beliefs which are not affiliated with any official religion so I can use them to get my way when it suits me.)

  • This is the first time I’ve found legal eagle t-shirts that aren’t cheap and itchy.

    RP shirt2

    Anyone who knows me knows I love t-shirts. My law firm even celebrates T-shirt Friday every week where I wear a t-shirt not matter what’s on my calendar. I love shirts that are witty, have beautiful artwork, or are affiliated with an event or cause that’s important to me.

    There are lots of fun legal t-shirts out there. I thought it was hilarious when my lawyer friends told me that he and his buddies all wore t-shirts that said “Reasonable Person” to their bar exam.

    Hal Cohen rocking his Reasonable Person shirt during a study break
    Hal Cohen rocking his Reasonable Person shirt during a study break

    (For those of you who aren’t legal eagles, like the unicorn, the Reasonable Person doesn’t exist. It’s a fictitious person who acts in a reasonable manner in every situation. In many cases, the court compares what a person actually did to what the Reasonable Person would have done under similar circumstances to determine if the person should be held responsible for causing harm.)

    Unfortunately, most legal t-shirt aren’t worth buying because they’re cheaply made, uncomfortable to wear, and horribly overpriced. I have seen or can think of at least six legal t-shirts that I would wear if I could find them. I’m contemplating having a shirt made with a quote from my Administrative Law professor: “Most of law is totally flawed.  Just go with it.”

    Posita shirt2Thankfully, Brand X in Tempe has stepped in to fill the void.  They recently created their own version of the “Reasonable Person” t-shirt. I love Brand X. They make all the shirts for Ignite Phoenix and they’ve made at least eight custom shirts for me, including my “Life is Blog Material” shirt and my “GeekLawFirm.com” shirts. Their base shirt is super soft and the quality of their work is top-notch. I’m so glad someone is making shirts for legal eagles that I can wear. I may have to ask them to make some more legal eagle shirts for me for some of my upcoming projects.

    At the request of one of my patent-enthusiast friends, they’ve also made a “Person of Ordinary Skill in the Art” shirt. (And yes, you can buy both shirts online and have them shipped to you if you want.)

    For full disclosure: I am not a paid spokesperson for Brand X. I receive no financial benefit from either of these shirts. I just love Brand X, and I want people to know that there are high quality legal t-shirts available so we don’t have to settle for the crappy ones anymore.  

     

  • You Know There’s A Story Behind This

    A Sign in my Neighborhood
    A Sign in my Neighborhood

    I took this photo while I was walking my dog, Rosie.

    Every time I see this sign I can’t help but grin.

    I bet the original sign said, “Animal Waste Must Be Removed By Pet Owner” and then someone got out of a pooper-scooper ticket by proving that they weren’t the owner, just merely the dog walker.