Free Exercise of Religion by Closely Held Corporations: The Supreme Court Decision on Hobby Lobby Stores & Its Implications

One of the ongoing controversies related to the Affordable Care Act (ACA) has been the scope of exemption from certain health care coverage requirements, including the contraceptive coverage requirement. Though closely divided, the U.S. Supreme Court’s 5-4 decision in Burwell v. Hobby Lobby Stores, Inc. has settled the question of whether certain for-profit corporations must be exempt from the requirement, unless Congress chooses to amend the statute providing those corporations legal protection. This book analyses the Court’s opinions in Hobby Lobby, examining the rights of closely held corporations under the Religious Freedom Restoration Act. It also addresses the implications for the contraceptive coverage mandate under ACA and discusses potential legislative responses to the Court’s decision. Finally, it analyses the impact that Hobby Lobby may have in other contexts in which employers may claim religious objections.