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University of Miami Law School

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2013

Free Exercise Clause

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The Contraception Mandate, Caroline Mala Corbin Jan 2013

The Contraception Mandate, Caroline Mala Corbin

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Under the new health care regime, health insurance plans must cover contraception. While religious employers are exempt from this requirement, religiously affiliated employers are not. Several have sued, claiming that the "contraception mandate" violates the Free Exercise Clause, the Free Speech Clause, and the Religious Freedom Restoration Act. This Essay explains why the contraception mandate violates none of them.

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