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5 - The Contraceptive Coverage Cases and the Problem of Politicized Free Exercise Lawsuits

from Part II - Religious Claims at Birth

Published online by Cambridge University Press:  11 May 2018

Robin Fretwell Wilson
Affiliation:
University of Illinois
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Summary

Lawsuits challenging the Affordable Care Act’s contraceptive-coverage regulations have transformed free-exercise lawsuits into potent political tools. The challenges reflected broader political opposition to the Obama Administration and its health policies. Nevertheless, the Obama Administration took the plaintiffs’ sincerity largely for granted, and also offered increasingly generous accommodations without any reason to believe that they would be accepted. Current free-exercise doctrine and practice inadequately address such organized campaigns of free-exercise litigation motivated by ideology more than sincere religious belief. In the wake of Trump’s election, courts are increasingly likely to permit and require religious exemptions that harm and discriminate against innocent third parties. Meanwhile, Religious Right groups leading these efforts have stayed conspicuously mum about the more flagrant and fundamental threats to religious freedom provoked by Trump’s campaign and Administration. In the long run, these topsy-turvy conceptions of free exercise are likely to imperil core religious liberty.
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Publisher: Cambridge University Press
Print publication year: 2018

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