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Social and Behavioral Sciences

2015

Legal Studies and Business Ethics Papers

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Conscience And Complicity: Assessing Pleas Of Religious Exemptions In Hobby Lobby'S Wake, Amy J. Sepinwall Jan 2015

Conscience And Complicity: Assessing Pleas Of Religious Exemptions In Hobby Lobby'S Wake, Amy J. Sepinwall

Legal Studies and Business Ethics Papers

In the paradigmatic case of conscientious objection, the objector claims that his religion forbids him from actively participating in a wrong (for example, by fighting in a war). In the religious challenges to the Affordable Care Act's employer mandate, on the other hand, employers claim that their religious convictions forbid them from merely subsidizing insurance through which their employees might commit a wrong (for example, by using contraception). The understanding of complicity underpinning these challenges is vastly more expansive than the standard that legal doctrine or moral theory contemplates. Courts routinely reject claims of conscientious objection to taxes that ...