Birth-Control Mandate: Unconstitutional and Illegal

by Wall Street Journal | February 15. 2012

Former Justice Department officials David Rivkin and Ed Whelan explain how the new HHS “contraceptives” regulation violates the First Amendment and the Religious Freedom Restoration Act. This is so even if Mr. Obama follows through on the intention he stated on February 10 to shift the mandate to pay for contraceptives, sterilization services, and abortion-causing drugs from employers and employees to their insurers. The mandate violates the First Amendment's Free Exercise clause and fails to satisfy the "compelling government interest" and "least restrictive means" tests established by the Religious Freedom Restoration Act. Rivkin and Whelan mention a few of the many "other ways to increase access to contraceptives that intrude far less on the free exercise of religion."

 

 

 

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