Law Commons^™

Going To Hell In A Hhs Notice: The Contraceptive Mandate's Next Impermissible Burden On Religious Freedom, Trey O'Callaghan

Duke Journal of Constitutional Law & Public Policy Sidebar

The Affordable Care Act’s requirement that eligible religious organizations submit a notice objecting to providing their employees contraceptive coverage if they religiously object to contraception or abortifacients is as simple as filing a piece of paper. But to a collection of Catholic petitioners, complying with this requirement gives rise to “scandal” and causes them to “materially cooperate” with sin. Filing a piece of paper may seem far outside any exercise of religion, but these groups sincerely believe that the one page notice burdens their religious beliefs.

Zubik v. Burwell, like Burwell v. Hobby Lobby Stores, presents a conflict between …