The Affordable Care Act

Talk it Out: Free Exercise or Discrimination?
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INSTRUCTIONS
To complete this assignment for full credit: post a thoughtful answer to the question below and make a substantive comment on at least two of your classmates’ posts. Remember to follow the rules of netiquette在新視窗中檢視 (net + etiquette = netiquette.)

Participating in this discussion will help you achieve unit learning goal 3: analyze how the Bill of Rights protects businesses from government overreach while also protecting citizens from discriminatory business practices.

GUIDELINES
Be friendly, positive and self-reflective. There is no “right” or “wrong” answer. A strong answer will be based on reason, law, and logic. A weak answer will be rooted in emotion. Feel free to disagree with classmates but do so politely – no personal attacks! Write clearly and with expression. Proofread and review your response before hitting the submit button. You must post before you can see other students’ posts.

QUESTION
The Affordable Care Act (“ACA”) is a federal law which greatly expands the availability of affordable health care to low income Americans. The ACA requires employers to provide health care for their employees that covers all forms of contraception.

Some for-profit corporations have sued the government for an exemption from the ACA. They argue that the requirement to pay for contraception is illegal because it conflicts with their religious beliefs.

The government argues that granting the companies an exemption would result in discrimination as it would prevent female employee’s of these companies from receiving adequate access to effective birth control.

Imagine you are a judge on this case. How would you rule? Explain the legal justification for your ruling. Be sure to discuss the Bill of Rights in your answer.

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