POL SCI 123S Chapter Notes - Chapter 14: Free Exercise Clause, Hobby Lobby, Contraceptive Mandate
22 Apr 2018
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Document Summary
Response to the decision in employment division, department of human. Went back to pre-smith standard: sherbert v. verner standard, religion treated. Employment division, department of human resources of oregon v. smith. Sc decision in 1990 which held that a neutral law of general applicability may limit religious practices without violating the free exercise clause in the. Constitution - so to prevail in this challenge, the plaintiff must show the challenged law directly targets a religious practice. Derived from the affordable health care act, mandated that all health insurance plans covered preventive services. Administration interpreted this to include contraceptive services as they are essential for women"s health. Conflicted with religious beliefs of americans who think contraceptives are immoral and violates the sanctity of human lives. In order to accommodate, the obama administration allowed faith based non profits, religious organizations and religious employers to be exempt, but not prviate, for-profit secular employers with religious principles that prohibit the use of birth control.
