Updated:
May 18, 2020

Whether the government had statutory authority under the Patient Protection and Affordable Care Act and the Religious Freedom Restoration Act of 1993 to expand the conscience exemption to the contraceptive-coverage mandate.

The ACLU’s amicus brief argues that the ACA’s exemption rules are not authorized by the Religious Freedom Restoration Act, and would impermissibly allow employers and universities to invoke religion to deny equal treatment regarding health care coverage to women. We also argue that religious justifications for resisting equality claims have a disturbing history and have been routinely (and properly) rejected in the modern era.

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