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Hobby Lobby And The Afforable Care Act

2448 words - 10 pages

HOBBY LOBBY VS. THE AFFORDABLE CARE ACT
Leonila Gonzalez
oUR LADY OF THE LAKE UNIVERSITY
HOBBY LOBBY VS. THE AFFORDABLE CARE ACT
Leonila Gonzalez
oUR LADY OF THE LAKE UNIVERSITY

Businesses can be affected by many laws and mandates that are set by the state or federal government. It can be difficult for a small firm to stay in business when such mandates are passed. The Affordable Care Act was signed into law by President Obama on Mach 23, 2010. Key components to the law are improving quality and health care costs, new consumer protections and access to healthcare, and mandating that all firms provided insurance for their employees. Small Business Tax credits were also included ...view middle of the document...

The stores carry an inventory of 90,000 art and crafts. Most of the items in his stores are arts and crafts but does have a small selection of religious items. Mr. Green is a religious man and he shows this by going to services three times a week, closes Hobby Lobby on Sundays, and does not sell shot glasses in any of his stores. His main headquarters has a building dedicated to spiritual services where three Chaplin’s are employed and are available for any type of employee counseling. (Adamy, 2014)
Mr. Green was not aware of the mandates that the Affordable Care Act had for Women’s Health. He was made aware of this by a “lawyer of the Becket Fund for Religious Liberty, a nonprofit Washington law firm” (Adamy, 2014). After Mr. Green was informed that the Affordable Care Act included contraceptives for women and the emergency morning after pill, he told his insurance carrier to exclude it from the coverage he offers his employees and signed onto the law suit. Mr. Green and his lawyer’s feel that he is protected by the Religious Freedom Restoration Act of 1993. (Adamy, 2014)
The purposes of the Religious Freedom Restoration Act of 1993 is “to restore the compelling interest test as set forth in Sherbert v. Verner, 374 US 398 (1963) and Wisconsin v. Yoder, 406 US 205 (1972) and to guarantee its application in all cases where free exercise of religion is substantially burdened; and to provide a claim or defense to persons whose religious exercise is substantially burdened by government” (Robinson, Religious Freedom Restoration Acts, 2003). The Religious Freedom Restoration Act was declared unconstitutional because it gave special privileges to religious entities. If one was an atheist they would not be protect or given a special privilege. This was the result of the case of City of Boerne vs. Flores. (Robinson, Religious Freedom Restoation Acts (RFRA's), 2012)
The Affordable Care Act expanded its coverage for women’s health and well-being on March 23, 2010. The expansion included preventative care such as mammograms, screening for cervical cancer, prenatal care, and other services at no cost sharing. (U.S. Department of Health and Human Services, 2014) Congress then expanded yet another time to include a comprehensive coverage for women’s preventive care, this included contraception and contraceptive counseling. This section of the services now covered “Women with reproductive capacity have access to all Food and Drug Administration-approved contraceptive methods, sterilization procedures, and patient education and counseling, as prescribed by a health care provider. Abortifacient drugs are not included. Contraception has additional health benefits like reduced risk of cancer and improving the health of mothers-to-be.” (Health and Human Services, 2013) The Affordable Care Act (Obamacare) has had several variations on what is to be accessible for women for preventative care as well as contraceptives. The fact that Obamacare...

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