Religion beats subpoena in US child labour case

23 September 2014 - 13:41 By Times LIVE
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A Fundamentalist Church of Jesus Christ of Latter-Day Saints member has successfully cited Hobby Lobby v. Sibelius and the Religious Freedom Restoration Act to get out of a subpoena.

When the US Department of Labor tried to investigate allegations of child labour at a Utah pecan ranch,  Mr. Vernon Steed  objected to answering questions about how the church operated.

The magistrate in the case, Judge Evelyn Furse argued that "subpoena power constitutes a neutral law of general applicability" and thus is not afforded religious protections.

District Judge David Sam ruled differently, holding that Furse must apply Hobby Lobby v. Sibelius and the Religious Freedom Restoration Act.

In Hobby Lobby v. Sibelius, the US supreme court held that a company could refuse to fund specific forms of contraception that were covered by the US' universal healthcare mandate because they violated the owners' sincerely held religious beliefs.

Apparently the case passes the test set by the Hobby Lobby decision, as Steed "states that he has made religious vows “not to discuss matters related to the internal affairs or organisation of the Fundamentalist Church of Jesus Christ of Latter-day Saints”, and if required to give such testimony he would be “directly violating [his] sincerely held religious beliefs".

The Department of Labor could still seek the information from other sources however.

The Fundamentalist Church of Jesus Christ of Latter-Day Saints is famous for its former president, Warren Jeffs, having sex with children and arranging 'marriages' between underage girls and grown men.

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