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Chicago-Kent College of Law

Seventh Circuit Review

2014

RFRA

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Unreasonable Religious Accommodation?: Fighting Irish Challenge The Opt-Out Form To The Affordable Care Act's "Contraceptive Mandate", Emily A. Herbick Sep 2014

Unreasonable Religious Accommodation?: Fighting Irish Challenge The Opt-Out Form To The Affordable Care Act's "Contraceptive Mandate", Emily A. Herbick

Seventh Circuit Review

The Patient Protection and Affordable Care Act of 2010 (ACA) has been controversial from its inception, especially in regard to the "contraceptive mandate," which requires certain employers with group health plans to provide contraceptive coverage for their female employees without cost-sharing. In order to respect both the federal statutory right to contraceptive coverage and the religious rights of employers who provide health insurance for their employees, regulations were promulgated that provided exceptions to the contraceptive mandate. For example, religious employers who incorporate as non-profits are exempt from providing contraceptive coverage to their employees under the ACA. To receive this accommodation, …