The Little Sisters of the Poor had their day before the Supreme Court last week. The charity, represented by the Becket Fund for Religious Liberty, is challenging the Department of Health and Human Services mandate that employee health plans must cover contraceptives and abortion-inducing drugs, which the Sisters find morally objectionable.
The Sisters argue that the mandate violates the Religious Freedom Restoration Act, which says that the government cannot impose a substantial burden on religious faith unless the restriction serves a compelling government interest and is the least restrictive means of doing so. As Sarah Torre observes in her summary of the case, how compelling can the government’s interest be when it has already exempted the health plans of about one in three Americans?
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