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First Amendment

2014

Zoe Robinson

Articles 1 - 2 of 2

Full-Text Articles in Law

What Is A 'Religious Institution'?, Zoe D. Robinson Dec 2013

What Is A 'Religious Institution'?, Zoe D. Robinson

Zoe Robinson

Change in the First Amendment landscape tends towards the incremental, but the Supreme Court’s opinion two terms ago in Hosanna-Tabor v. EEOC — holding that religious institutions enjoy a range of First Amendment protections that do not extend to other individuals or organizations — is better understood as a jurisprudential earthquake. The suddenness and scale of the shift helps to explain the turmoil that has ensued in the lower courts and law journals. And yet, it could be that the biggest aftershock has yet to be felt. The Court left open the most important functional question that exists in scenarios …


The Contraception Mandate And The Forgotten Constitutional Question, Zoe D. Robinson Dec 2013

The Contraception Mandate And The Forgotten Constitutional Question, Zoe D. Robinson

Zoe Robinson

Litigation over the Contraception Mandate — which requires all employer insurance plans to include coverage for contraceptives — is quickly becoming one of the largest religious liberty challenges in American history. The most powerful claim raised by some of the litigants is that their status as “religious institutions” exempt them from compliance with the Mandate. But what is a religious institution, and who gets to become one — and why? Should the University of Notre Dame be treated the same as the Archdiocese of the District of Columbia? Should lobbying group Priests for Life be lumped together with Hobby Lobby, …