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