Accommodation, Establishment, and Freedom of Religion

67 Vand. L. Rev. En Banc 39 (2014)

Notre Dame Legal Studies Paper No. 1424

12 Pages Posted: 8 Jul 2014

Date Written: June 25, 2014

Abstract

This short essay engages the argument that it would violate the First Amendment’s Establishment Clause to exempt an ordinary, nonreligious, profit-seeking business – such as Hobby Lobby – from the Affordable Care Act’s contraceptive-coverage rules. In response to this argument, it is emphasized that the First Amendment not only permits but invites generous, religion-specific accommodations and exemptions and that the Court’s Smith decision does not teach otherwise. In addition, this essay proposes that laws and policies that promote and protect religious freedom should be seen as having a “secular purpose” and that because religious freedom, like clean air, is an aspect of the public good, it is both appropriate and unremarkable that, sometimes, maintaining the conditions for religious freedom is not cost-free.

Keywords: Establishment Clause, Hobby Lobby, First Amendment, religious freedom, secular purpose, HHS mandate

JEL Classification: K19

Suggested Citation

Garnett, Richard W., Accommodation, Establishment, and Freedom of Religion (June 25, 2014). 67 Vand. L. Rev. En Banc 39 (2014); Notre Dame Legal Studies Paper No. 1424. Available at SSRN: https://ssrn.com/abstract=2459005

Richard W. Garnett (Contact Author)

Notre Dame Law School ( email )

Room 327
P.O. Box 780
Notre Dame, IN 46556-0780
United States
574-631-6981 (Phone)
574-631-4197 (Fax)

Register to save articles to
your library

Register

Paper statistics

Downloads
215
Abstract Views
1,483
rank
141,000
PlumX Metrics