POLSC 219 Complicity-based Conscience Claims

What are complicity-based conscience claims?

Religious exemptions from laws regarding sex, reproduction, and marriage on grounds that law makes objector complicit in others’ sins

What happened in Burwell v Hobby Lobby?

• Hobby Lobby objected to providing employees health insurance plans covering contraception under Affordable Care Act

• Supreme Court believed government had other means of ensuring women’s access to affordable contraception

  • Thus, plaintiff’s religious views could be accommodated and cause 0 harm to defendants

Religious Freedom Restoration Act

• Central free exercise claims don’t hurt any 3rd party

• Ex in Wisconsin v Yoder where they didn’t want to send Amish kids to secondary school

Complicity-based conscience claims’ effect on 3rd party

• Oriented to 3rd parties who don’t share claimant’s beliefs about conduct, which can impose harm on the condemned

• Supreme Court rejected exemption claims that would impose employer’s religion on employees, invalidating accommodations that impose burdens on 3rd parties