Abstract

http://ssrn.com/abstract=2138276
 


 



The Affordable Care Act and Religious Freedom: The Next Battleground


Terri Day


Barry University - Dwayne O. Andreas School of Law

Leticia M. Diaz


Barry University - Dwayne O. Andreas School of Law

August 10, 2012

Georgetown Journal of Law & Public Policy, Vol. 11, No. 2, 2012

Abstract:     
This article presents a comprehensive analysis of the Health and Human Services (HHS) Mandate, which is the controversial required insurance coverage for preventative and wellness services, which include all FDA approved contraceptives, sterilizations, and related patient education and counseling. Failure to provide this coverage will result in an employer penalty. Non-exempt religious employers/insurers contend that this Mandate requires them to violate their freedom of conscience or suffer a penalty. The article discusses the religious reaction to the Mandate and provides a thorough legal analysis of the constitutional issues. Based on the recent health care decision and the likelihood that the Supreme Court will apply strict scrutiny review as required by the Religious Freedom Reformation Act, the authors conclude that the HHS Mandate will not likely pass constitutional muster.

Number of Pages in PDF File: 56

Keywords: Constitutional Law, First Amendment, Religion, Health and Human Services, Religious Freedom Reformation Act, Health Care, Affordable Care Act

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Date posted: August 29, 2012 ; Last revised: January 3, 2013

Suggested Citation

Day, Terri and Diaz, Leticia M., The Affordable Care Act and Religious Freedom: The Next Battleground (August 10, 2012). Georgetown Journal of Law & Public Policy, Vol. 11, No. 2, 2012. Available at SSRN: http://ssrn.com/abstract=2138276

Contact Information

Terri Day (Contact Author)
Barry University - Dwayne O. Andreas School of Law ( email )
6441 East Colonial Drive
Orlando, FL 32807
United States
Leticia M. Diaz
Barry University - Dwayne O. Andreas School of Law ( email )
6441 East Colonial Drive
Orlando, FL 32807
United States
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