Read Free Exercise of Religion by Closely Held Corporations: Implications of Burwell v. Hobby Lobby Stores, Inc.

Free Exercise of Religion by Closely Held Corporations: Implications of Burwell v. Hobby Lobby Stores, Inc.

Cynthia Brougher

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Description:A 5-4 decision, issued over a highly critical dissent, Burwell v. Hobby Lobby Stores, Inc. resolved one of the many challenges raised in response to the contraceptive coverage requirement of the Affordable Care Act (ACA). Imputing the beliefs of owners of closely held corporations to such corporations, the U.S. Supreme Court found that closely held corporations that hold religious objections to certain contraceptive services cannot be required to provide coverage of those services in employee health plans. The Court's decision was based on the protections offered under the federal Religious Freedom Restoration Act (RFRA), a statute prohibiting the government from imposing a substantial burden on a person's religious exercise unless it can show a compelling interest achieved by the least restrictive means. The Court declined to address the constitutional challenge, holding that the companies were protected under RFRA.In the absence of a definition under RFRA, the majority interpreted the term “person” to include closely held corporations, even if they operated for-profit, and determined that the penalties that such companies would face if they failed to comply with the contraceptive coverage requirement would impose a substantial burden. Though the Court assumed that the government had a compelling interest to require contraceptive coverage under ACA, it found that less restrictive means (e.g., expanding the regulatory accommodation available to nonprofit employers with similar objections) could achieve that interest without requiring companies with religious objections to be subject to the requirement.Although Hobby Lobby resolved the question regarding the applicability of RFRA to closely held corporations—defined by the Court as “each owned and controlled by members of a single family”—the decision leaves open a number of questions about the scope of RFRA's protections and future enforcement of the contraceptive coverage requirement. Because the Court's decision was based on statutory grounds, Congress remains free to define which entities may be governed by ACA or other federal laws generally.This report analyzes the Court's decision in Hobby Lobby, including arguments made between the majority and dissent, to clarify the scope of the decision and potential impacts for future interpretation of RFRA’s applicability. It also examines potential legislative responses, should Congress consider addressing the current applicability of RFRA. Finally, the report addresses the decision’s effect on requirements that employers offer contraceptive coverage in group health plans under federal or state law.We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with Free Exercise of Religion by Closely Held Corporations: Implications of Burwell v. Hobby Lobby Stores, Inc.. To get started finding Free Exercise of Religion by Closely Held Corporations: Implications of Burwell v. Hobby Lobby Stores, Inc., you are right to find our website which has a comprehensive collection of manuals listed.
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Pages: 13

Format: PDF, EPUB & Kindle Edition

Publisher: Congressional Research Service

Release: 2014

ISBN

Description: A 5-4 decision, issued over a highly critical dissent, Burwell v. Hobby Lobby Stores, Inc. resolved one of the many challenges raised in response to the contraceptive coverage requirement of the Affordable Care Act (ACA). Imputing the beliefs of owners of closely held corporations to such corporations, the U.S. Supreme Court found that closely held corporations that hold religious objections to certain contraceptive services cannot be required to provide coverage of those services in employee health plans. The Court's decision was based on the protections offered under the federal Religious Freedom Restoration Act (RFRA), a statute prohibiting the government from imposing a substantial burden on a person's religious exercise unless it can show a compelling interest achieved by the least restrictive means. The Court declined to address the constitutional challenge, holding that the companies were protected under RFRA.In the absence of a definition under RFRA, the majority interpreted the term “person” to include closely held corporations, even if they operated for-profit, and determined that the penalties that such companies would face if they failed to comply with the contraceptive coverage requirement would impose a substantial burden. Though the Court assumed that the government had a compelling interest to require contraceptive coverage under ACA, it found that less restrictive means (e.g., expanding the regulatory accommodation available to nonprofit employers with similar objections) could achieve that interest without requiring companies with religious objections to be subject to the requirement.Although Hobby Lobby resolved the question regarding the applicability of RFRA to closely held corporations—defined by the Court as “each owned and controlled by members of a single family”—the decision leaves open a number of questions about the scope of RFRA's protections and future enforcement of the contraceptive coverage requirement. Because the Court's decision was based on statutory grounds, Congress remains free to define which entities may be governed by ACA or other federal laws generally.This report analyzes the Court's decision in Hobby Lobby, including arguments made between the majority and dissent, to clarify the scope of the decision and potential impacts for future interpretation of RFRA’s applicability. It also examines potential legislative responses, should Congress consider addressing the current applicability of RFRA. Finally, the report addresses the decision’s effect on requirements that employers offer contraceptive coverage in group health plans under federal or state law.We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with Free Exercise of Religion by Closely Held Corporations: Implications of Burwell v. Hobby Lobby Stores, Inc.. To get started finding Free Exercise of Religion by Closely Held Corporations: Implications of Burwell v. Hobby Lobby Stores, Inc., you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

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Free Exercise of Religion by Closely Held Corporations: Implications of Burwell v. Hobby Lobby Stores, Inc.

Free Exercise of Religion by Closely Held Corporations: Implications of Burwell v. Hobby Lobby Stores, Inc.

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