The Michigan Chapter and Wayne State University Law School Student Chapter of the American Constitution Society presented:
With Religious Liberty for All: A Defense of the Affordable Care Act's Contraception Coverage Mandate
Frederick Mark Gedicks
Guy Anderson Chair, Professor of Law, Brigham Young University Law School; Author, "With Religious Liberty for All: A Defense of the Affordable Care Act's Contraception Coverage Mandate"
Must government excuse religious persons from complying with a law they find burdensome, when doing so would violate the liberty of others? As Frederick Mark Gedicks, Guy Anderson Chair & Professor of Law at Brigham Young University Law School, concludes in his ACS issue brief on the same subject: “One’s religious liberty does not include the right to interfere with the liberty of others.”
In his issue brief, Professor Gedicks refutes the allegation made in over thirty pending lawsuits that the Patient Protection and Affordable Care Act’s requirement that employers provide insurance coverage for preventive health care services, including some contraceptive services, violates the religious liberty rights of employers who object on religious grounds to the use of contraception. As Professor Gedicks explains, the contraception mandate “strikes a careful and sensible balance of competing liberty interests by exempting religious persons and organizations who do not externalize the costs of their religious beliefs and practices onto others who do not share them.” As Professor Gedicks explains at this event, the mandate does not violate the rights of religious employers under either the First Amendment’s Religion Clauses or the Religious Freedom Restoration Act.