The Contraception Mandate Debate: Achieving a Sensible Balance

Columbia Law Review Sidebar, Vol. 114, p. 1, 2014

Widener Law School Legal Studies Research Paper No. 14-07

26 Pages Posted: 25 Jan 2014

See all articles by Alan E. Garfield

Alan E. Garfield

Widener University - Delaware Law School

Date Written: January 23, 2014

Abstract

A slew of secular for-profit businesses have sued seeking exemptions from the contraception mandate and many have succeeded in obtaining preliminary injunctions. This Essay explains why courts have found these claims credible under the Religious Freedom Restoration Act but contends that the Act’s underlying purpose is best served by denying these entities an accommodation.

Keywords: contraception, health insurance, religious freedom, Patient Protection and Affordable Care Act

JEL Classification: K32

Suggested Citation

Garfield, Alan E., The Contraception Mandate Debate: Achieving a Sensible Balance (January 23, 2014). Columbia Law Review Sidebar, Vol. 114, p. 1, 2014; Widener Law School Legal Studies Research Paper No. 14-07. Available at SSRN: https://ssrn.com/abstract=2384165

Alan E. Garfield (Contact Author)

Widener University - Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

HOME PAGE: http://law.widener.edu

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