![]() ![]() Hobby Lobby involved a claim by a family-owned and family-operated for-profit corporation with a limited number of shareholders, all of whom shared a set of religious beliefs and values. These could take the form of lawsuits under state RFRAs, or could be legislated directly into effect, as was the case with a recent proposed bill in North Carolina. We’re already familiar with the example of service providers-like bakers or florists-who refuse to work with gay couples on their marriage ceremonies or parties.īut heading into 2015, as more and more states have marriage equality implemented to conform with federal court rulings, we’re likely to see a renewed effort to allow public officials to claim a religious exemption from performing gay marriages. Ultimately the Supreme Court is probably going to have to consider the question of whether RFRA provides a complete exemption for those who object to any accommodation process.Ģ015 is also likely to be the year of suits claiming religious exemptions from participating in gay marriage solemnizations or celebrations. ![]() That is, if the government just wanted to give every woman in America a free-standing statutory right to contraceptive insurance coverage that would be paid for and administered by the government and would not involve your employer in any way, even as a vehicle, that might be ok with them. There are some plaintiffs, both for-profit and non-profit, who will object to any accommodation at all and claim a right to a total exemption from the law i.e., they don’t want anyone to give their employees birth control coverage in any manner that is related to their employment. But what will 2015 have in store? If I were a prophet I could, of course, predict the future. But let’s just call these my top three educated guesses for the kinds of religious exemption cases we’re going to see in 2015.įirst and foremost, we’re going to see continuing litigation over the Affordable Care Act’s contraceptive coverage requirement and the accommodation process already in place. ![]() We already know that 2014 was a big year for religious exemption cases, from the gravely serious to the immensely trivial. ![]()
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