Kennedy, J., concurring
SUPREME COURT OF THE UNITED STATES
Nos. 13–354 and 13–356
SYLVIA BURWELL, SECRETARY OF HEALTH AND HUMAN SERVICES, et al., PETITIONERS
HOBBY LOBBY STORES, INC., et al.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT
AND
CONESTOGA WOOD SPECIALTIES CORPORATION et al., PETITIONERS
SYLVIA BURWELL, SECRETARY OF HEALTH AND HUMAN SERVICES, et al.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
[June 30, 2014]
Justice Kennedy, concurring.
It seems to me appropriate, in joining the Court's opinion, to add these few remarks. At the outset it should be said that the Court's opinion does not have the breadth and sweep ascribed to it by the respectful and powerful dissent. The Court and the dissent disagree on the proper interpretation of the Religious Freedom and Restoration Act of 1993 (RFRA), but do agree on the purpose of that statute. 42 U. S. C. §2000bb et seq. It is to ensure that interests in religious freedom are protected. Ante, at 5–6; post, at 8–9 (Ginsburg, J., dissenting).
In our constitutional tradition, freedom means that all persons have the right to believe or strive to believe in a divine creator and a divine law. For those who choose this
