November 5, 2013
In a column for JURIST, Distinguished Professor Ruthann Robson discusses the Affordable Care Act and on the contraceptive mandate challenges by corporations.
She writes, “…these corporations claim their religious freedom rights would be infringed by providing contraceptive coverage to their employees because the corporations — or their shareholders — have Christian beliefs inconsistent with some types of contraception. They argue these beliefs are entitled to protection by the First Amendment or by the Religious Freedom Restoration Act (RFRA).”
She continues, “…whether or not the claim is limited to RFRA, as is the question presented by both parties in their petition for writ of certiorari briefs to the US Supreme Court in Hobby Lobby or includes the First Amendment, as in Conestoga Wood, there are fundamental — and perhaps even existential — quandaries regarding corporatism and religiosity.”
Prof. Robson is an expert on constitutional law and sexuality issues and is the co-editor of the Constitutional Law Professors Blog. Her latest book is Dressing Constitutionally: Hierarchy, Sexuality, and Democracy From Our Hairstyles to Our Shoes.