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Corporations And Religious Freedom: Hobby Lobby Stores - A Missed Opportunity To Reconcile A Flawed Law With A Flawed Health Care System, Matthew A. Melone
Corporations And Religious Freedom: Hobby Lobby Stores - A Missed Opportunity To Reconcile A Flawed Law With A Flawed Health Care System, Matthew A. Melone
Matthew A. Melone
On June 30, 2014, the Supreme Court held, in Burwell v. Hobby Lobby Stores, Inc., that the requirement imposed on employer group health insurance plans to provide coverage for certain contraceptives unduly burdened the free exercise rights of three closely-held corporations in violation of the Religious Freedom Restoration Act of 1993 ( RFRA ). The contraception mandate was imposed by regulations implementing the Patient Protection and Affordable Care Act, itself a very controversial piece of legislation a part of which was upheld recently by the Court in a perhaps a case more controversial than Hobby Lobby Stores. RFRA was enacted …
Our First Necessary Freedom: An Examination Of The Historical Argument For Religious Exemptions To The Department Of Health And Human Services’ Patient Protection And Affordable Care Act Mandate, Joseph T. Lo Galbo
Joseph T Lo Galbo
In its current impasse with the Obama administration regarding the Department of Health and Human Services’ implementation of regulations for group health plans covered under the Patient Protection and Affordable Care Act, the Roman Catholic Church has argued that it possesses a historical right to a religious exemption from this generally applicable law. This contention runs contrary to contemporary legal scholarship that has largely concluded that the First Amendment’s Free Exercise Clause remains silent on the exemption issue. As both sides remain entrenched in their positions, the Church’s assertion necessitates a re-examination of the exemption question. This article attempts to …