Vox Senior Editor Timothy Lee said that if an employer restricts contraceptive coverage, “people are free to pay for their own birth control.” Here’s why he’s wrong.
If corporations are people with a right to refuse to comply with health-care requirements based on religious beliefs, it stands to reason that they would not only be permitted to refuse birth control coverage but other types of coverage as well.
The leaders of Hobby Lobby and Conestoga Wood Specialties Corporation have invited themselves into their employees’ bedrooms and medicine cabinets under the guise of religious freedom, and these bosses are seriously out of line.
State laws in Arizona, Kansas, Ohio, and elsewhere that would enshrine discrimination in the name of “religious liberty” have faced political setbacks, but a legal victory isn’t certain yet.
Much of the defense of the contraception mandate in the Affordable Care Act has focused on the public benefit to making contraception widely available and affordable. But there are a lot of reasons to uphold the mandate that have nothing to do with birth control.
Even if it is true that the Religious Freedom Restoration Act permits the religious exemptions sought by companies opposing the contraception mandate, what of the harm imposed on those whom the requirement is intended to benefit? What legal argument centers their concerns? The answer may lie in the Establishment Clause.
What if the battalions of lawyers, pundits, and politicians have missed the easiest—and possibly best—argument against “corporate religious liberty rights” in the high-profile legal cases that challenge the contraception mandate in the Affordable Care Act?
In late March, the Roberts Court will consider whether corporations are people under the Religious Freedom Restoration Act and whether the First Amendment recognizes corporate religious rights.
A federal judge ruled Monday the Obama administration’s accommodation for religiously-affiliated employers did not go far enough in protecting religious liberties.
The Roberts Court granted review of two cases challenging the birth control benefit to decide the question of whether or not corporations have religious exercise rights.