The Contraception Mandate: A Complex Debate Between Religious Freedoms And A Woman’s Right To Health

2240 words - 9 pages

Arguably, citizens of the United States of American are endowed with “certain unalienable rights.” Our forefathers fought to establish a government that would enable its citizens to protect these rights should they be challenged. Recently the rights of two different groups have been called into question surrounding the Contraception Mandate, which is part of the Patient Protection and Affordable Care Act (ACA), signed into law by President Obama on March 23rd 2010.
The mandate states that employers who offer health care insurance are required by law to provide “minimum essential” health care coverage to their employees’, part of which includes the coverage of contraceptives. Exempt from the mandate, are companies with fewer than 50 employees and religious institutions. The problem has been that certain religiously affiliated for-profit, and non-profit organizations are not covered by the exemption, as they do not meet the requirements to be considered a religious organization.
Religiously conservative opponents of the mandate, with values that do not support the use of contraception, believe that they, as employers, are forced by the government to violate their religious conscious, which impeaches on their constitutional right of religious freedom. Supporters of the mandate believe that upholding it enforces the freedom, privacy, and gender equality of women to exercise their civil liberties.
From a macro perspective the question at hand is whether or not the rights of the individual should prevail over the rights of corporations to exercise religious freedom. Should corporations be required to comply with the contraception mandate? From a micro perspective, the question at hand is if the mandate is in breach of the corporations’ constitutional rights and is overturned, do these corporations have a right to impose their religious beliefs on their employees?
When analyzing this controversy it is important to understand the full scope of the laws and legislature that support both sides of the argument. The three key components of this argument are the Contraception Mandate itself and why it is important from a health and societal standpoint; the Religious Freedom Restoration Act (RFRA), which allows for strict legal scrutiny of any law, which has the potential to infringe upon religious freedom; and the First Amendment, which allows for citizens of the United States to practice their religion freely without government interference. According to an article in the Journal of Contemporary Legal Issues, entitled “What is a “Church”?: Implied Consent and the Contraception Mandate” , “74 cases, involving over 200 plaintiffs, already filed against the Department of Health and Human Services.” (404)
The Benefits of Contraceptives and the Contraception Mandate
As mentioned earlier, the Contraception Mandate is a section of the ACA which aims at providing “minimal essential” medical insurance coverage for women. The mandate originated from...

Find Another Essay On The Contraception Mandate: A Complex Debate Between Religious Freedoms and a Woman’s Right to Health

Impact of the First and Fourteenth Amendments on Religious Freedoms

1361 words - 6 pages exceptionalism. The importance of religion to America as a nation, means that religion is granted certain freedoms that make passing laws regulating it difficult. The first and fourteenth amendments essentially protect the establishment of any religion as well as protecting the freedom to exercise this religion, whilst creating a distinctly separate Church and State. The religious freedom granted in these amendments has changed over time

The Cherokee and a Complex Predicament

1276 words - 6 pages agreement between their Nation and the United States. Georgia had no authority under federal law to entitle itself to Cherokee lands by using the condemnation of Cherokee values as predicament to continue to succeed as a state. Georgia proposed unjustified reasoning to infer that Cherokee’s had not met the qualifications of a fit civilized nation to acquire their gold invested lands nor continue to live as an independent district within their Treaty

To what extent was Lincoln a mandate to abolish slavery?

998 words - 4 pages protected by the constitution and that he did not hold the power to abolish slavery. The popular votes showed that more than half of the population did not vote for Lincoln. The outcome of the election was not a mandate to end slavery because Lincoln did not receive the majority of the popular votes and he had no intention of abolishing slavery.Although Abraham Lincoln disapproved of slavery, he had no intention of abolishing it. Prior to his

Abortion is Woman’s Right to Choose

1942 words - 8 pages different opinions posed towards abortion in the readings that I reviewed, but there were two in particular that really caught my attention. The opinions are both pro-choice and pro-life. The first quote is taken from an article, “Conservatives fighting congressional battles over choice,” in a July 1998 Knight-Ridder/Tribune News Service. H. Fields Grenee speaks about how congress has taken a woman’s right to choose and blown in out of

All Americans Have a Right to Health Care

1534 words - 6 pages All Americans Have a Right to Health Care Within the previous four years, the number of uninsured Americans has jumped to forty five million people. Beginning in the 1980’s, the American Academy of Family Physicians (AAFP) has been trying to fix this problem of health insurance coverage for everyone with a basic reform. The AAFP’s plan imagined every American with insured coverage for necessary improved services that fall between the

Health Care as a Right

815 words - 4 pages In September 2013, the U.S. Census Bureau reported that 46.3 million (15.4% of the population) did not have health insurance in 2012 ( Income, Poverty, and Health Insurance Coverage in the United States). The United States is one of the only entirely developed countries in the world who does not provide free healthcare coverage as a right to its citizens. No one in the richest nation on Earth should be without healthcare. The United States is

This is a cause and effect essay explaining how education, free speech, and contraception contribute to a free society.

1319 words - 5 pages Vehicles of FreedomWe have the privilege of living in a free and open society, a society kept afloat on an open sea of oppression by providing and allowing education, freedom of speech, and contraception. Through readily available education we establish a citizenry with the opportunity to communicate clearly and understand each other in ways unavailable to a less educated people. Freedom of speech is a necessary vehicle for navigating the

The aims and objectives of this assignment are to select a patient that I have cared for with complex health care needs and identify one aspect of patient education he/she requires

1235 words - 5 pages ).Once a thorough assessment had been completed I began to analyse Mrs X's answers in order to identify her learning requirements. Kiger (2004) states that the way a person views their health situation should be considered during assessment. Mrs X expressed a need to know what the side effects of her treatment would be. There are many side effects of chemotherapy and although Mrs X was keen to take on board this information her psychological state

Euthanasia: The Right to a Peaceful and Merciful Death

2152 words - 9 pages . The fierce battle between those who support and those who oppose euthanasia has made society recognize the importance of this topic. A rational understanding of the issue makes it possible to respond to the objections of those who oppose euthanasia. Understanding the issue will support the claim that all forms of euthanasia should be made legal in the United States to protect the right that humans should have to a benevolent death

Homosexuality and the Right to Form a Family

1158 words - 5 pages Throughout history people who manifested an attraction for others of the same sex usually have gone through a lot of maltreatments, discrimination, and have often been regarded as “sexual deviants.” Relationships between people of the same sex have been present since the beginning of history. Their lives have not always been easy, because they have been persecuted and sometimes even forced to go through a psychiatric evaluation. At the same time

Health and Nutrition. This essay is a paper mainly used for a health class. It talks about how to take care of yourself by excercising and eating right.

1410 words - 6 pages What does health and nutrition do in your life? Well if your thinking that it doesn't make a difference in your life then your wrong. It is probably one of the most important things in someone's life. And it isn't really very hard to stay in shape and eat right. There are many ways and reasons to stay in shape also!The first reason to eat right and stay in shape is very simple. It is so that you can go out and do things and be able to keep up

Similar Essays

"Cloning A Gift From God ... Or An Injustice Towards Humanity?" A Moral And Religious Debate Between The Pro's And Con's Of Cloning.

1722 words - 7 pages Cloning - a Gift From God, or an Injustice Towards Humanity?In a world that is as fast paced as the one we live in today, it is hard to stop and remember the moral values and religious beliefs we were taught as children. We live in a world where science is put on a pedestal, and religion is a far off thought saved for holidays that we hardly remember the meanings of. Why is it that when we hear about scientific advancements we get excited, and

A Push To Mandate Hpv Immunization

1891 words - 8 pages due to lack of education, and the parental fear of their child becoming more sexually active, not enough people are getting immunized. Although, the word mandatory makes people nervous especially in regards to an STI immunization, prevention is essential in fighting the War on Cancer. Therefore, putting a mandate on HPV vaccination along with more education, would stop the cancer causing virus, and lessen the economic burden associated with Nixon’s

The Right To Life. On Abortion From A Religious Point Of View.

644 words - 3 pages said that it was legal for any woman to have an abortion and terminate her pregnancy at any given time. The Roman Catholic Church has said that abortion is murder and violates all terms of human morality. My personal opinion lays between that of the Roman Catholic Church and the Supreme Court. I believe that a woman should have the right to an abortion only if she was raped and can not afford to have the child, or if she does not know who the

Abortion The Ongoing Ethical Battle Between Right And Wrong. A Rebuttal To A One Sided Arguement Against Abortion.

1059 words - 4 pages Abortion, a battle that'll rage through this century, right or wrong, good or bad, religion or science? Well I'm here to capture the essence of the other side of the battlefield where I'm debating for abortion.THIS IS A REBUTTAL: The text I'm referring to is given on this link, it might be helpful to go there and read that article first. is an article called abortion by Droberts