WHEN THE CORPORATIONS’ RELIGIOUS FREEDOM INFERRED FROM THE LAW HAS PRIORITY OVER THE CONSTITUTIONAL RIGHT TO CONTRACEPTIVES OF THEIR FEMALE EMPLOYEES

Abstract

In Burwell v. Hobby Lobby Stores, on June 30, 2014,
the Supreme Court of United States held that closely held
corporations controlled by religious family are “persons”
for purposes of the Religious Freedom Restoration Act
(RFRA) of 1993, and potentially have sincerely held religious beliefs. As a result, the Court judged that the HHS
regulations, taken under the Patient Protection and
Affordable Care Act (PPACA) of 2010, which imposed
to these corporations to provide health insurance coverage
for four methods of “objectionable” contraceptives, violated RFRA. This case creates notably confusion about the
authority of an ordinary law to deny to female employees
the constitutional right to certain contraceptives, because
of corporations’ religious beliefs.