Two decades ago,
The law was a response to a 1990 Supreme Court decision involving two Oregon men who had been denied unemployment benefits after they were fired for using the hallucinogenic drug peyote during a Native American religious rite. In his decision for the majority, Justice
Next month the Supreme Court will hear arguments in two cases in which owners of for-profit businesses argue that the law allows them to disregard the contraceptive mandate because of their religious objections. We hope and expect that the court will reject their claim. The law refers to burdens on "a person's exercise of religion," not a corporation's, and the burden must be substantial. Providing insurance coverage for a woman who uses it to obtain contraceptives no more implicates an employer in her decision than does the payment of her salary, which can also be spent on birth control. Finally, ensuring that women have access to preventive healthcare is clearly a compelling interest.
But we don't think the law should be declared unconstitutional, as several organizations — including the Freedom From Religion Foundation — have argued. They claim that it is a "takeover of [the Supreme] Court's power to interpret the Constitution" and amounts to an "establishment" of religion in violation of the 1st Amendment.