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National Review / Digital
Is the Contraception Mandate Legal?
To answer, consult the Religious Freedom Restoration Act
(AP Photo/Bruce Smith)


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People forget it now, but the Religious Freedom Restoration Act — the law that companies are using to fight the Obama administration’s requirement that almost all employers cover contraception, sterilization, and drugs that may cause abortion in their insurance plans — was controversial among conservatives in its first years. The old debate over it should remind us of two truths that, while compatible, are in tension with each other: The principle for which conservatives are fighting in today’s cases is important, and it is not absolute.

The story starts in the 1980s, when two drug counselors in Oregon were fired from their jobs for the sacramental use of peyote. The state denied their applications for unemployment benefits on the ground that they had been fired for misconduct, and they sued on the theory that what the state called misconduct was actually the constitutionally protected exercise of religion. Some Warren Court decisions gave the men hope of winning.


Contents
December 31, 2013    |     Volume LXV, No. 24

Articles
Features
  • How I fell in love with the United States.
  • The ancient evil and the politics of distraction.
  • A new “godless” church makes you wonder.
Books, Arts & Manners
  • David Pryce-Jones reviews The Great Debate: Edmund Burke, Thomas Paine, and the Birth of Right and Left, by Yuval Levin.
  • Richard Brookhiser reviews The Founders at Home: The Building of America, 1735–1817, by Myron Magnet.
  • Florence King reviews The Death of Santini: The Story of a Father and His Son, by Pat Conroy.
  • Sarah Ruden reviews David and Goliath: Underdogs, Misfits, and the Art of Battling Giants, by Malcolm Gladwell.
  • John Daniel Davidson reviews Jack London: An American Life, by Earle Labor.
  • Ross Douthat reviews Nebraska.
Sections
The Long View  .  .  .  .  .  .  .  .  
Athwart  .  .  .  .  .  .  .  .  
Poetry  .  .  .  .  .  .  .  .  
Happy Warrior  .  .  .  .  .  .  .  .