1 Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751, 2777–78 (2014).

2 See Stratton, Traci Shallbetter, No More Messing Around: Substantive Due Process Challenges to State Laws Prohibiting Fornication, 73 Washington Law Review 767, 769 (1998)Google Scholar; Griswold v. Connecticut, 381 U.S. 479, 498 (1965) (Goldberg, J., concurring).

3 Griswold, 381 U.S. at 484 (majority opinion).

4 Id. at 486.

5 405 U.S. 438 (1972).

6 Id. at 453.

7 E.g., Potter v. Murray City, 760 F.2d 1065, 1066 (10th Cir. 1985); Vacco v. Quill, 521 U.S. 793, 797 (1997); Washington v. Glucksberg, 521 U.S. 702, 706 (1997).

8 E.g., Cleveland Board of Education v. LaFleur, 414 U.S. 632, 634 (1974).

9 See Hoffman, Darra L., Momma's Baby, Daddy's Maybe, 35 William & Mary Law Review 461 (2009)Google Scholar.

10 See, e.g., DeBoer v. Snyder, 772 F.3d 388 (6th Cir. 2014).

11 405 U.S. at 453.

12 410 U.S. 113 (1973).

13 410 U.S. 179 (1973).

14 “[M]edical judgment may be exercised in the light of all factors—physical, emotional, psychological, familial, and the woman's age—relevant to the well-being of the patient. All these factors may relate to health.” Doe v. Bolton, 410 U.S. 179, 192 (1973).

15 410 U.S. at 153.

16 505 U.S. 833 (1992).

17 Id. at 856.

18 Id. (emphasis added).

19 Id. (emphasis added).

20 Id. at 851 (emphasis added).

21 Id. at 852.

22 Id. at 852–53.

23 539 U.S. 558 (2003).

24 Id. at 577 (citing Bowers v. Hardwick, 478 U.S. 186, 216 (1986) (Stevens, J., dissenting)).

25 Id. at 574 (citing Casey, 505 U.S. at 851).

26 Id. at 578.

27 Id. at 574.

28 See Alvaré, Helen, Same-Sex Marriage and the “Reconceiving” of Children, 64 Case Western Reserve Law Review 829, 833 (2014)Google Scholar.

29 133 S. Ct. 2675 (2013).

30 1 U.S.C. § 7 (2012).

31 133 S. Ct. at 2692.

32 Id. at 2681.

33 Id. at 2693.

34 539 U.S. at 575 (emphasis added).

35 561 U.S. 661 (2010).

36 Id. at 689.

37 Id.

38 388 U.S. 1 (1967).

39 Brief for the Petitioners at 3, Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014) (No. 13–354).

40 Id. at 15.

41 Wilhelm Reich, Die sexuelle Revolution 18–19, 22 (Theodore P. Wolfe, trans., 15th ed., 1999).

42 Alfred Kinsey, Sexual Behavior in the Human Male (1948); Alfred Kinsey, Sexual Behavior in the Human Female (1953). Kinsey's influence continues to be felt, despite robust criticism of his methods and his conclusions. See, e.g., Alan Branch, Alfred Kinsey: A Brief Summary and Critique, Canon & Culture (May 21, 2014), http://www.canonandculture.com/alfred-kinsey-a-brief-summary-and-critique/; Geoffrey Gorer, A Statistical Study of Sex, Review of Sexual Behavior in the Human Male, by Alfred C. Kinsey, Wardell B. Pomeroy, and Clyde E. Martin, New York Herald Tribune, Feb. 1, 1948, at 4.

43 Margaret Sanger, Happiness in Marriage 121, 126, 271 (1940).

44 Betty Friedan, The Feminine Mystique 86 (1963).

45 Simone de Beauvoir, The Second Sex 724–31(H. M. Parshley ed. & trans., 1952).

46 See, e.g., In Brief: Fact Sheet: Publicly Funded Family Planning Services in the United States, Guttmacher Institute (Oct. 2014), http://www.guttmacher.org/pubs/fb_contraceptive_serv.html (“In other words, in 2010, every $1.00 invested in publicly funded family planning services saved $7.09 in Medicaid and other public expenditures that otherwise would have been needed.”).

47 Catholic Church, Catechism of the Catholic Church ¶¶ 2360–63 (Libreria Editrice Vaticana 1994).

48 Our History, Catholic Health Association of the United States, http://www.chausa.org/about/about/our-history (last visited April 11, 2015).

49 U.S. Census Bureau, 2 Religious Bodies 1936, at 1533 (1936).

50 Frequently Requested Church Statistics, Center for Applied Research in the Apostolate, http://cara.georgetown.edu/CARAServices/requestedchurchstats.html (last visited April 11, 2015).

51 Andy Smarick, Can Catholic Schools Be Saved?, National Affairs, Spring 2011, at 113–30, available at http://www.nationalaffairs.com/publications/detail/can-catholic-schools-be-saved.

52 Frequently Requested Church Statistics, supra note 50.

53 Catholic Colleges and Universities in the United States, United States Conference of Catholic Bishops, http://www.usccb.org/beliefs-and-teachings/how-we-teach/catholic-education/higher-education/catholic-colleges-and-universities-in-the-united-states.cfm (last visited April 11, 2015).

54 Catholic Charities, USA, Fiscal Year 2014 Form 990, Questions 4a–4c, http://www.scribd.com/doc/261483129/Fy2014-Form-990-Ccusa.

55 Sarah Torre & Ryan Anderson, Adoption, Foster Care, and Conscience Protection, The Heritage Foundation (Jan. 15, 2014), http://www.heritage.org/research/reports/2014/01/adoption-foster-care-and-conscience-protection#_ftn15.

56 Catholic Healthcare and Social Services, United States Conference of Catholic Bishops (2014), http://www.usccb.org/about/media-relations/statistics/health-care-social-service.cfm

57 See Migration and Refugee Services, Those We Serve, United States Conference of Catholic Bishops, http://usccb.org/about/migration-and-refugee-services/those-we-serve.cfm.

58 Center for Applied Research in the Apostolate, Pies, Damned Pies and Statistics: Is the Catholic Population Growing?, Nineteen Sixty-Four (Mar. 10, 2008, 11:10 AM), http://nineteensixty-four.blogspot.com/2010/11/pies-damned-pies-and-statistics-is.html.

59 Civil Rights Act of 1964, Pub. L. 88–352, 78 Stat. 241 (1964) (codified as amended in scattered sections of 2 U.S.C., 28 U.S.C., and 42 U.S.C.).

60 Fair Housing Act of 1968, Pub. L. 90–284, 82 Stat. 73 (1968) (codified as amended at 42 U.S.C. §§ 3601–19, 3631 (2013)).

61 U.S. Department of Housing and Urban Development, Fair Housing: It's Your Right, HUD.GOV, http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights (last visited April 11, 2015).

62 Data is available by searching USASpending.gov. A report on grants to both USCCB and Catholic Charities USA for 2003–2014 was compiled by the author and is on file with the journal. See also Federal Government Grants to Support USCCB MRS Programs and Services, United States Conference of Catholic Bishops, http://www.usccb.org/about/migration-and-refugee-services/federal-government-grants-to-support-usccb-mrs-programs-and-services.cfm (last visited April 11, 2015).

63 About Us, Catholic Charities USA,http://catholiccharitiesusa.org/about-us/ (last visited April 11, 2015).

64 Tom Gallagher, Following the Money from the White House, National Catholic Reporter, March 22, 2012, available at http://ncronline.org/blogs/ncr-today/following-money-white-house.

65 Administration for Children & Families, Department of Health and Human Services, National Human Trafficking Victim Assistance Program 6 (2011), available at http://www.acf.hhs.gov/grants/open/foa/view/HHS-2011-ACF-ORR-ZV-0148_0.htm.

66 Exec. Order No. 13672, 79 Fed. Reg. 42971 (2014).

67 Ruth Moon, New Executive Orders on LGBT Discrimination Don't Exempt Religious Orgs, Christianity Today (July 2014), http://www.christianitytoday.com/ct/2014/july-web-only/obama-executive-orders-sexual-orientation-discrimination.html.

68 See, e.g., Swanner v. Anchorage Equal Rights Commission, 874 P.2d 274 (Alaska 1994).

69 See, e.g., Baxter v. City of Belleville, 720 F. Supp. 720, 728 (S.D. Ill. 1989).

70 Letter from Reuben Daniels, Jr., District Director, Equal Employment Opportunity Commission, to Belmont Abbey College (July 30, 2009).

71 See, e.g., State of Missouri v. Florida, No. 1422-CC09027, 2014 WL 5654040 (Mo. Cir. Ct. Nov. 5, 2014).

72 See, e.g., Arkansas Code Annotated, 1 § 20-13-1403 (West 2009); Connecticut General Statutes § 19a-112e (2009).

73 See Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services under the Patient Protection and Affordable Care Act, 77 Fed. Reg. 8725, 8725 (Feb. 15, 2012) (to be codified at 26 C.F.R. pt. 54, 29 C.F.R. pt. 2590, and 45 C.F.R. pt. 147).

74 Letter from Michelle Rouillard, Director, California Department of Managed Health Care, to Mark Morgan, California President, Anthem Blue Cross (Aug. 22, 2014) (on file with author).

75 See, e.g., George Rede, Sweet Cakes by Melissa Discriminated against Lesbian Couple, Oregon Hearings Officer Rules, Oregonian, Feb. 2, 2015, available at http://www.oregonlive.com/business/index.ssf/2015/02/sweet_cakes_by_melissa_discrim.html (reporting on baker fined for refusing to provide wedding cake for two lesbian women); Elane Photography, LLC v. Willock, 309 P.3d 53 (N.M. 2013), cert. denied 134 S. Ct. 1787 (2014) (holding that photographer's refusal to attend and photograph same-sex wedding ceremony was unlawful discrimination based on sexual orientation).

76 Mary Ann Glendon, Rights Talk (1991).

77 Synod of Bishops, Instrumentum Laboris¶ 23 (2014).

78 See Genesis 19:5–8; Leviticus 18:22–23; Leviticus 20:13; 1 Timothy. 1:9–10; Romans 1:26–27.

79 Congregation for the Doctrine of the Faith, Letter to the Bishops of the Catholic Church on the Pastoral Care of Homosexual Persons ¶ 6 (1986).

80 Congregation for the Doctrine of the Faith, On the Collaboration of Men and Women, in the Church and in the World 5 (2004) (citing John Paul II, Apostolic Letter Mulieris Dignitatem [On the Dignity of Women] ¶6 (August 15, 1988)).

81 John Paul II, Mulieris Dignitatem [On the Dignity of Women] ¶ 7 (1988).

82 John Paul II, Familiaris Consortio [On the Role of the Christian Family in the Modern World] ¶ 19 (1981).

83 Id. at ¶ 21.

84 Id. at ¶ 19. (“But in the Lord Christ God takes up this human need … leading it to perfection through the sacrament of matrimony: the Holy Spirit who is poured out in the sacramental celebration offers Christian couples the gift of a new communion of love that is the living and real image of that unique unity which makes of the Church the indivisible Mystical Body of the Lord Jesus.”).

85 Catechism, supra note 47, at ¶ 2335.

86 Familiaris Consortio, supra note 82, at ¶ 28.

87 Pope Benedict XVI, Deus Caritas Est [God is Love] ¶ 12 (2005).

88 Id. at ¶ 13.

89 Id.

90 John Paul II, Gratissimam Sane [Letter to Families] ¶ 14 (1994).

91 Id. at ¶ 3.

92 Karol Wojtyla, Love and Responsibility 97 (1960).

93 Catechism, supra note 47, at ¶ 1604.

94 Familiaris Consortio, supra note 82, at ¶ 12.

95 Catechism, supra note 47 at ¶¶ 1611–12.

96 On the Collaboration of Men and Women, supra note 80, at ¶ 8.

97 Id.

98 Deus Caritas Est, supra note 82, at 11.

99 John Paul II, General Audience of Oct. 20, 1982, available at http://www.ewtn.com/library/papaldoc/jp2tb98.htm (“Marriage was also a part of this integral heritage—as can be deduced from the Letter to the Ephesians 5:21–33—marriage, that is, as a primordial sacrament instituted from the beginning and linked with the sacrament of creation in its globality. The sacramentality of marriage is not merely a model and figure of the sacrament of the Church (of Christ and of the Church). It also constitutes an essential part of the new heritage, that of the sacrament of redemption, with which the Church is endowed in Christ.”).

100 Id.

101 Pub. L. No. 103–141, 107 Stat. 1488 (1993) (codified in scattered sections of 5 and 42 U.S.C.).

102 Chai Feldblum, Moral Conflict and Conflicting Liberties, in Same-sex Marriage and Religious Liberty: Emerging Conflicts 26 (Douglas Laycock, Anthony R. Picarello, Jr. & Robin Fretwell Wilson, eds., 2008).

103 There are more than a few books accessed largely by Catholics, treating such subjects, see, e.g., Erika Bachiochi, Women, Sex and the Church (2011); Helen M. Alvaré, Breaking Through: Catholic Women Speak for Themselves (2012), but very little discussion of the religious centrality of marriage in widely-publicly available sources. But cf. Michael Paulson, As Vatican Revisits Divorce, Many Catholics Long for Acceptance, New York Times, Jan. 24, 2015, available at http://www.nytimes.com/2015/01/25/us/as-vatican-revisits-divorce-many-catholics-long-for-acceptance.html (“Ms. Alvaré, who is a former spokeswoman for the American bishops, said the indissolubility of marriage is a Catholic essential, ‘a key to the entire Roman Catholic cosmology—our understanding of the world, God, our relationship with him and our relationship to one another.’”).

104 Bersamin, Melinda M. et al. , Risky Business: Is There an Association between Casual Sex and Mental Health among Emerging Adults? 51 Journal of Sex Research 43 (2014)CrossRefGoogle ScholarPubMed, available at http://www.tandfonline.com/doi/pdf/10.1080/00224499.2013.772088.

105 See generally, Alvaré, Helen M., No Compelling Interest: The Birth Control Mandate and Religious Freedom, 58 Villanova Law Review 379 (2013)Google Scholar.

106 Akerlof, George, Yellen, Janet L., and Katz, Michael L., An Analysis of Out-of-Wedlock Childbearing, 2 Quarterly Journal of Economics 277 (1996)CrossRefGoogle Scholar; The Austin Institute, The Economics of Sex, YouTube (Feb. 14, 2014), https:// www.youtube.com/watch?v=cO1ifNaNABY.

107 Raj Chetty, et al., Where is the Land of Opportunity? The Geography of Intergenerational Mobility in the United States (June 2014), available at http://obs.rc.fas.harvard.edu/chetty/mobility_geo.pdf (family stability is an important correlate of upward mobility); Kristin A. Moore, et al., Marriage from a Child's Perspective: How Does Family Structure Affect Children and What Can We Do about It?, Child Trends Research Brief (June 2002), http://www.childtrends.org/wp-content/uploads/2013/03/MarriageRB602.pdf (“An extensive body of research tells us that children do best when they grow up with both biological parents in a low-conflict marriage,”).

108 Vance, Jeanne L., Note, Womb for Rent: Norplant and the Undoing of Poor Women, 21 Hastings Constitutional Law Quarterly 827, 853 (1994)Google ScholarPubMed.

109 Higgins, Jenny, Celebration Meets Caution, LARC's Boons, Potential Busts, and the Benefits of a Reproductive Justice Approach, 89 Contraception 237 (2014)CrossRefGoogle ScholarPubMed.

110 See Alvaré, Helen M., Beyond the Sex-Ed Wars: Addressing Disadvantaged Singe Mothers' Search for Community, 44 Akron Law Review 167 (2011)Google Scholar.

111 American Psychological Association, Report of the Task Force on the Sexualization of Girls (2007), available at www.apa.org/pi/wpo/sexualization.html.

112 Sabrina Sadiqqui, Merck to Pay 100 Million in NuvaRing Lawsuit, Huffington Post (Feb. 7, 2014), http://www.huffingtonpost.com/2014/02/07/nuvaring-settlement_n_4746201.html (noting that Bayer pharmaceuticals paid over 1.6 billion dollars to settle lawsuits concerning a form of the birth control pill).

113 Melinda Wenner, Birth Control Pills Affect Women's Taste in Men, Scientific American (Nov. 26, 2008), http://www.scientificamerican.com/article/birth-control-pills-affect-womens-taste/.

114 Heffron, Renee et al. , Use of Hormonal Contraceptives and Risk of HIV-1 Transmission: A Prospective Cohort Study, 12 Lancet 19 (2012)CrossRefGoogle ScholarPubMed.

115 Holly Grigg-Spall, Sweetening the Pill (2013).

116 Busby, Dean M. et al. , Compatibility or Restraint? The Effects of Sexual Timing on Marriage Relationships, 24 Journal of Family Psychology 766 (2011)CrossRefGoogle Scholar; Sassler, Sharon et al. , The Tempo of Sexual Activity and Later Relationship Quality, 74 Journal of Marriage and Family 708 (2012)CrossRefGoogle Scholar.

117 Thomas B. Edsall, What Makes People Poor?, New York Times (Sept. 2, 2014), http://www.nytimes.com/2014/09/03/opinion/what-makes-people-poor.html?_r=0.