Re: Contraceptives and gender discrimination

2012-02-13 Thread Ira Lupu
Howard Friedman is correct that the USCCB has extended its concerns to secular employers, who could not take advantage of the Title VII provision permitting religious entities to hire only co-religionists (and then to fire sinners). So the mandate is less easily avoidable for secular employers.

RE: Contraceptives and gender discrimination

2012-02-13 Thread Volokh, Eugene
(1) If the contraceptive mandate was attached to a broad government spending program - as best I can tell it isn't, but I'll be glad to work with the hypo - then the question is how RFRA interacts with the unconstitutional conditions doctrine, which of course treats some