Comments Submitted to the Department of Health and Human Services Regarding Religious Exemptions to Contraceptive Coverage
Law, Rights, and Religion Project
Following the Supreme Court's decision to vacate and remand the cases in Zubik v. Burwell, the Department of Health and Human Services (HHS) issued a request for information on alternative ways to accommodate religious nonprofits from compliance with the contraceptive mandate of the Affordable Care Act (ACA), CMS-9931-NC. The following comment, from the Law, Rights, and Religion Project, explains that the ACA's existing religious accommodation complies with federal law, and that expanding the accommodation in a way that harms employees and their families would risk violating the Establishment Clause of the First Amendment. Further, this comment highlights the effects an overly-broad accommodation of religion would have on communities of color.
Public Rights/Private Conscience Project,
Comments Submitted to the Department of Health and Human Services Regarding Religious Exemptions to Contraceptive Coverage,
Available at: https://scholarship.law.columbia.edu/gender_sexuality_law/41