Reproductive Rights Prof Blog

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CUNY School of Law

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Monday, November 25, 2013

Religious Freedom Restoration Act, Meant To Shield Religious Practices from Government Intrusion, Is Now Invoked by Corporations to Discriminate Against Women

The Los Angeles Times: 1993 religious freedom act is at heart of contraception case, by David Savage:

When the Supreme Court confronted the case of Native Americans who were fired for smoking an illegal drug during a religious ceremony, Justice Antonin Scalia called a halt to granting religious exemptions under the Constitution's protection for the "free exercise" of religion. It "would be courting anarchy" to permit "religious objectors" to ignore the law, he said.

But Democrats in Congress rose up to overturn his decision and to bolster religious freedom.

Backed by a broad coalition, including the American Civil Liberties Union and the Christian Legal Society, the Religious Freedom Restoration Act became law 20 years ago this month. It declared that the government may not "substantially burden a person's exercise of religion" unless it had a "compelling" reason to do so.

Now, that little-known law is at the center of a major "religious liberty" challenge to President Obama's health insurance overhaul and its requirement that employers pay for full contraceptive coverage for their female employees. . . .

http://lawprofessors.typepad.com/reproductive_rights/2013/11/religious-freedom-restoration-act-meant-to-shield-religious-practices-from-government-intrusion-is-n.html

Contraception, In the Courts, Religion and Reproductive Rights | Permalink

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