The Meaning of Religious Exemptions

Governmental recognition of religious liberty is a pressing issue in our current politics. The 1993 Religious Freedom Restoration Act states that a generally applicable federal statute may not substantially burden “a person's exercise of religion” unless the law “furthers a compelling governmental interest” and “is the least restrictive means of furthering that compelling governmental interest.” In Hobby Lobby v. Burwell (2014), the U.S. Supreme Court exempted some “closely held corporations” from a provision of the Affordable Care Act (ACA) because their owners object to certain forms of contraception.

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