“This becomes clear when we contrast Hobby Lobby to Little Sisters of the Poor. Whereas the owners of Hobby Lobby sued to avail themselves of the obfuscatory accomodation, the Little Sisters of the Poor who (as a nonprofit) already have this obfuscation available to them but are suing to denounce it as mere obfuscation and completely remove themselves from even obfuscated provision of all birth control. Specifically, the Little Sisters are refusing to fill out EBSA Form 700 stating their objection to providing contraceptive coverage since to do so would trigger provision through their insurer and they see this as involving themselves in something morally objectionable. That is, while Hobby Lobby would be delighted to wink and nod (and the Obama administration was reluctant to allow them to do so) the Little Sisters are adamantly opposed to a fig leaf (and the Obama administration would be delighted were they to play along with the face-saving obfuscation).”

Obfuscation Form 700 | Code and Culture. Really thought-provoking short post by Gabriel Rossman.