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RFRA Rules

Be very, very careful where you work if you’re a woman. Check on the religious beliefs of your employer. The Supreme Court has ruled that closely-held corporations are protected under RFRA which is kind of like the Free Exercise Clause on steroids. But it’s only reproductive coverage that can be refused on religious grounds. So, if you’re a guy, you’re fine. Get that transplant, get that transfusion, get those meds, get that vaccination. No religious objections are valid in those instances. As usual for this majority though, the men know what’s best for women, and that is to not have access to the full range of health care options that women need. Ironically, the majority notes that the ruling can’t be used to couch illegal discrimination behind religious belief. But the decision is all about the legality of discriminating against women. And as for the notion that this do-nothing, obstructionist Congress will suddenly allow the Affordable Care Act to be amended to cover contraception so that employees of these devout corporations will have access to medical care? We may be waiting for a very long time.

This is also a problematic development for law governing corporations. If owners and their corporations are no longer separate entities, what of taxation? What of liability? Or will owners have it both ways?

It’s a brave new world. RFRA rules.

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About legalfeet

I'm an essayist, commentator, lawyer and reporter with expertise in Constitutional Law, United States History, religion and public education. I cover current issues involving the First Amendment religion clauses, modern religious movements, scientific history and developments and the events in which these areas converge.

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© Robin Radner and Legalfeet, 2017. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Robin Radner and Legalfeet with appropriate and specific direction to the original content.
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