Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Contraceptive Mandate Controversy and the Future of Religious Accommodations in the United States: A Study of the us Supreme Court Case of Burwell v. Hobby Lobby Stores, Inc. (2014)

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

With its decision in the Hobby Lobby case, the us Supreme Court adjudicated over the “Contraceptive Mandate”, a regulation of the Healthcare Reform that aroused religious concerns as it requires companies offering health insurance to its employees to cover contraceptives. Recognizing for the first time that private companies are (legal) “persons” exercising religion, the Court declared that the Mandate violates their religious freedom and exempted them from covering contraceptives. The article argues that the restrictive interpretation of the Religious Freedom Restoration Act (rfra) here proposed, by granting strong protection to corporations’ religious claims over their employees’ interest in equal access to health care, may lead to the proliferation of religious accommodations far beyond this controversy. Yet, the article concludes that this dangerous scenario can be limited by taking into consideration the impact of religious accommodations on third parties’ rights, as imposed by an interpretation of rfra consistent with the Establishment Clause.

Affiliations: 1: Scuola Superiore Sant’ AnnaPisaItaly

10.1163/18710328-12341283
/content/journals/10.1163/18710328-12341283
dcterms_title,pub_keyword,dcterms_description,pub_author
10
5
Loading
Loading

Full text loading...

/content/journals/10.1163/18710328-12341283
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/18710328-12341283
Loading

Article metrics loading...

/content/journals/10.1163/18710328-12341283
2015-08-03
2017-11-24

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Religion & Human Rights — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation