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Published byEsmond Bryant Modified over 8 years ago
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The Human Rights Implications of Burwell v. Hobby Lobby Stores Inc. & Conestoga Wood Specialties Store v. Burwell Katrina Anderson, Senior Human Rights Counsel, Center for Reproductive Rights July 17, 2014
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CENTRAL HOLDING: As applied to closely-held corporations, HHS regulations enforcing the ACA’s contraception mandate violate the Religious Freedom Restoration Act (RFRA).
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DIRECT RESULT: “Closely held” corporations can deny their employees insurance coverage for certain forms of FDA-approved birth control.
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THE DISSENT: 1.Harm to women. 2.Imposes boss’ beliefs on employees. 3.Consequences beyond contraception (“the minefield”).
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HUMAN RIGHTS LAW: -Women’s access to contraception is a fundamental human right -Access takes priority -Objection is possible where there is direct involvement in procedure -Individuals can conscientiously object, not institutions
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OPPOSITION LAW BRIEF: -Counsel of Record: Brigham Young University School of Law -Amici: Institutions specializing in law and religion and individual experts on international and comparative law -Argument: international law protects “collective religious rights”
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