On the eve of Griswold v. Connecticut's fiftieth anniversary, employers are bringing challenges under the Religious Freedom Restoration Act (RFRA) to a federal law requiring them to include contraception in the health insurance benefits that they offer their employees. In Burwell v. Hobby Lobby Stores, five Justices concluded that the government has compelling interests in ensuring employees access to contraception, but did not discuss these interests in any detail. In what follows, we clarify these interests by connecting discussion in the Hobby Lobby opinions and the federal government's briefs to related cases on compelling interests and individual rights in the areas of race and sex equality.
Date of Authorship for this Version
Siegel, Reva B., "Compelling Interests and Contraception" (2015). Faculty Scholarship Series. Paper 5005.