- Federal Constitution Litigation
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|Second Annual Executive Branch Review Conference|
|Sebelius v. Hobby Lobby Stores, Inc.|
Prof. Michael W. McConnell recapts the oral argument in Sebelius v. Hobbuy Lobby Stores, Inc. and offers his thoughts on the four key issues in the case....[Read Now!]
|Oral Arguments in the Contraceptive Mandate Case: Sebelius v. Hobby Lobby Stores, Inc. - Podcast|
On March 25, 2014, the contraceptive mandate case was argued in the U.S. Supreme Court. Hobby Lobby Stores’ owners have no moral or other objection to the use of 16 of 20 contraceptives required by the contraceptive mandate under the Affordable Care Act (ACA), but cite their deeply held religious beliefs in objecting to providing or paying for four others they see as possibly life-threatening. How will the Supreme Court rule? Does the Religious Freedom Restoration Act of 1993 (RFRA), allow Hobby Lobby a way around the ACA ‘s contraceptive mandate? Our experts reviewed the oral arguments and took questions from the audience in this Courthouse Steps Teleforum.
|Employment Non-Discrimination Act - Podcast|
A bill to enact the proposed Employment Non-Discrimination Act ("ENDA") was introduced into the 113th Congress and approved by the Senate by a 64-32 vote. The Act would prohibit discrimination in hiring and employment on the basis of sexual orientation or gender identity by employers with at least 15 employees. Non-profit membership clubs and organizations that are solely religious are exempted, but religiously affiliated organizations (such as hospitals and schools) are not.
Proponents and opponents disagree about whether sexual orientation and gender identity discrimination is widespread and a serious problem. Proponents point, for example, to a field experiment in which job applications with a fictitious resumé including membership in a gay organization in college received substantially fewer invitations for interviews than did applications with a fictitious resumé identical except for the membership. Opponents note studies showing that gays have average or above-average incomes and conclude that discrimination does not seem to have impaired their earning potential.
There is also disagreement about the impact ENDA would have on people of faith. Proponents note that the religious exemptions of ENDA track those of other federal anti-discrimination laws. Opponents point out that disapproval of homosexual acts is a fundamental tenet of Christianity, Judaism, and Islam, as well as of many other faiths, and that ENDA would be the first American federal law to outlaw exercise of a mainstream belief of our major religions.
|In Whose Name We Pray: Restoring the Establishment Clause in Town of Greece v. Galloway|
The Supreme Court heard arguments this Term in Town of Greece v. Galloway, a significant constitutional case in which the parties presented two very different views of the what the Establishment Clause requires in the public square....[Read More!]