The Contraception Mandate and Religious Freedom

In 2012, the Obama Administration announced its plan to require most American employers to cover the costs of contraception for female employees under employer-provided healthcare plans. According to Professor Steven Smith, the Contraception Mandate violates the Religious Freedom Restoration Act, and perhaps, the Constitution. According to Professor Caroline Corbin, the Mandate satisfies strict scrutiny, and thus, should survive both RFRA and constitutional challenge.

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In 2012, the Obama Administration announced its plan to require most American employers to cover the costs of contraception for female employees under employer-provided healthcare plans. According to Professor Steven Smith, the Contraception Mandate violates the Religious Freedom Restoration Act, and perhaps, the Constitution. According to Professor Caroline Corbin, the Mandate satisfies strict scrutiny, and thus, should survive both RFRA and constitutional challenge.

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