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from Part II - The Feminist Judgments
Published online by Cambridge University Press: 31 March 2020
Burwell v. Hobby Lobby Stores, Inc., decided in 2014, broke ground in its unprecedented articulation of religious personhood rights for commercial entities, posing challenges to reproductive justice and the foundations of antidiscrimination law. The case addressed whether the Affordable Care Act’s (ACA) contraceptive mandate should yield to a Religious Freedom Restoration Act (RFRA) claim by for-profit corporations objecting on religious belief grounds to providing health insurance coverage for contraception to employees. Concluding that the corporations seeking exemptions were “persons” for free exercise purposes under RFRA, the Court held that US Department of Health and Human Services (HHS) regulations interpreting the ACA contraceptive coverage requirement violated RFRA by substantially burdening the exercise of religion.
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