Hobby Lobby faces Supreme Court Tuesday

Hobby Lobby faces Supreme Court Tuesday

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OKLAHOMA -

The Government and Oklahoma-based Hobby Lobby are preparing to battle. On Tuesday, both sides will present their arguments before the Supreme Court. It's a fight against the federal birth control mandate.

"The problem is Mr. Green and the other people are not the corporation. The corporation, they've always argued, is a separate entity for every other type of a purpose," said FOX25 Legal Analyst David Slane.

Slane says it will be a the job of the US Supreme Court to determine if the line between CEO and corporation can be blurred.

Hobby Lobby owner Steve Green says the federal birth control mandate conflicts with his family's faith. But does that same faith apply to Hobby Lobby as a corporate entity?

"If you recognize this corporation, and give them the same rights religiously that people have, then you're going to open the floodgates for every federal law that's passed for companies to come in and say for one reason or another we shouldn't have to comply with the law," said Slane.

Hobby Lobby's senior council with the Becket Fund for Religious Liberty appeared on Fox News Sunday addressing that issue.

Lori Windham said, "The question here is not whether it's the Green family or the corporation, both of whom are part of this case. The question is, is this a sincere religious exercise? And the answer to that is yes. So that ought to be protected."

Slane says if the Supreme Court sides with Hobby Lobby, corporations can say they don't fundamentally agree with other things like child labor laws, vaccinations or women's equal rights.

"It opens the door for a whole new form of litigation that the federal courts have not seen in a long time and I think that's going to weigh heavily on the justices," Slane said.

"We believe that Americans don't give up their religious freedom just because they open a family business," said Windham. "What the Supreme Court has said in other contexts, like the speech context, is that we don't look at the person, the entity, we look at the religious exercise. This is unquestionably a religious exercise, refusing to pay for something that could take a human life."

Both the Government and Hobby Lobby will have 90 minutes to present their case during oral arguments on Tuesday. After that, it could be a while before the Supreme Court makes its final ruling.

To see the full Fox News interview from Sunday click here.

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