Gender and the Law Prof Blog

Editor: Tracy A. Thomas
University of Akron School of Law

Monday, March 21, 2016

SCOTUS Coming Up: Little Sisters Case Goes Too Far

Doug Laycock, Wash Post, How the Little Sisters of the Poor Puts Religious Liberty at Risk

Zubik v. Burwell is the Supreme Court’s name for the set of cases more often identified with the Little Sisters of the Poor, a religious order that is also a party to the case. I filed an amicus brief in Zubik on behalf of the Baptist Joint Committee for Religious Liberty. I had never before filed a brief in support of the government in a case about the free exercise of religion. ****

The second, and even more dangerous argument: These organizations say that because the government exempted the insurers of churches and their integrated auxiliaries, it is required to exempt the insurers of all other conscientious objectors as well. Otherwise, it discriminates between two groups of religious organizations.

This argument is a mortal threat to an essential and widespread source of protection for religious liberty. There are thousands of specific religious exemptions in U.S. law. If legislators and administrative agencies cannot enact a narrow religious exemption without it being expanded to become all-inclusive, many of them will not enact any religious exemptions at all. And they will start repealing the exemptions they have already enacted.

 

https://lawprofessors.typepad.com/gender_law/2016/03/scotus-coming-up-little-sisters-case-goes-too-far.html

Religion, Reproductive Rights, SCOTUS | Permalink

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