Abstract
The Patient Protection and Affordable Care Act (PPACA) mandates that employers provide insurance coverage for contraception. Some religiously-affiliated employers have sought exemptions from this mandate, claiming that it violates their right to free exercise guaranteed by the First Amendment. Using traditional free exercise analysis, this paper analyzes these employers’ claims for an exemption from PPACA. The paper argues that a free exercise exemption from a law of general application that burdens those persons not seeking the exemption is an unsound way to accommodate societal interests in 1) freedom of religion and 2) fair allocation of social costs. To that end, this paper proposes an innovative burdens analysis for such free exercise exemption claims.
Published Version
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