Abstract

http://ssrn.com/abstract=2155867
 


 



The Calculus of Accommodation: Contraception, Abortion, Same-Sex Marriage, and Other Clashes Between Religion and the State


Robin Fretwell Wilson


University of Illinois College of Law

October 2, 2012

Boston College Law Review, Vol. 53, p. 1417, 2012
Washington & Lee Legal Studies Paper No. 2012-31

Abstract:     
This Article considers a burning issue in society today - whether, and under what circumstances, religious groups and individuals should be exempted from the dictates of civil law. The “political maelstrom” over the Obama administration’s sterilization and contraceptive coverage mandate is just one of many clashes between religion and the state. Religious groups and individuals have also sought religious exemptions to the duty to assist with abortions or facilitate same-sex marriages. In all these contexts, religious objectors claim a special right of entitlement to follow their religious tenets, in the face of equally compelling claims that religious accommodations threaten access and may impose significant costs on others. Legislators and other policymakers have struggled with how to advance two compelling, and at times conflicting, values - access and religious liberty. This Article examines, and responds to, a number of “sticking points” voiced by legislators about a qualified exemption for religious objectors that would permit them to step aside from facilitating same-sex marriages so long as no hardship will result. These concerns bear an uncanny resemblance to reasons why some believe the Obama administration should not yield further on the coverage mandate. This Article maintains that religious accommodations qualified by hardship to others can transform what could be a zero-sum proposition into one in which access and religious freedom can both be affirmed.

Number of Pages in PDF File: 99

Keywords: Contraception, Abortion, Same-Sex Marriage

JEL Classification: K10

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Date posted: October 3, 2012  

Suggested Citation

Wilson, Robin Fretwell, The Calculus of Accommodation: Contraception, Abortion, Same-Sex Marriage, and Other Clashes Between Religion and the State (October 2, 2012). Boston College Law Review, Vol. 53, p. 1417, 2012; Washington & Lee Legal Studies Paper No. 2012-31. Available at SSRN: http://ssrn.com/abstract=2155867

Contact Information

Robin Fretwell Wilson (Contact Author)
University of Illinois College of Law ( email )
504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
217.244.7582 (Phone)
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