A veto in Arizona may have meant the demise of one attempt to further enshrine discrimination in the name of religious liberty, but the larger threat from the Supreme Court remains.
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.
In St. Louis, we’ve always said, “Don’t like the weather? Wait a minute. It’ll change.” Well, the weather is not changing in our floodwater-friendly capitol, where a torrent of anti-choice bills is raining down on our heads. It is simply foul.
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.
A case involving a Montana woman whose contract as an assistant softball coach at a Catholic high school was not renewed because she works at Planned Parenthood represents
the latest in a string of dismissals by religiously affiliated employers under the guise of religious liberty rights.
Although the university was granted a religious accommodation and is exempt from complying with the Affordable Care Act’s contraceptive mandate, it wants a federal court to block the mandate anyway.
Friday’s order may prevent the Obama administration from enforcing the contraception mandate against the Little Sisters of the Poor, but it also may have just won the administration’s case.
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?
The Roberts Court may be skeptical of buffer zones around abortion clinics, but the rest of the country doesn’t seem to be.