Law, Religion, and Health in the United States

This book explores the critical role of law in protecting - and protecting against - religious beliefs in American health care.

Part I. Testing the Scope of Legal Protections for Religion in the Health Care Context: 1. Religious liberty, health care, and the culture wars Douglas Laycock; 2. From Smith to Hobby Lobby: the transformation of the religious freedom restoration act Diane L. Moore and Eric M. Stephen; 3. The HHS Mandate Litigation and religious health care providers Adèle Keim; 4. Not your father's religious exemptions: the contraceptive-coverage litigation and the rights of others Gregory M. Lipper; 5. Recent applications of the Supreme Court's hands-off approach to religious doctrine: from Hosanna-Tabor and Holt to Hobby Lobby and Zubik Samuel J. Levine; Part II. Law, Religion, and Health Care Institutions: Introduction Christine Mitchell; 6. A corporation's exercise of religion: a practitioner's experience Melanie Di Pietro; 7. The natural person as the limiting principle for conscience: can a corporation have a conscience if it doesn't have an intellect and will? Ryan Meade; 8. Contracting religion Elizabeth Sepper; 9. Mission integrity matters: balancing catholic health care values and public mandates David M. Craig; Part III. Law, Religion, and Health Insurance: Introduction Marc A. Rodwin; 10. Religious exemptions to the individual mandate: health care sharing miniseries and the Affordable Care Act Rachel E. Sachs; 11. Bosses in the bedroom: religious employers and the future of employer-sponsored health care Holly Fernandez Lynch and Gregory Curfman; Part IV. Professional Responsibilities, Religion, and Health Care: Introduction Holly Fernandez Lynch; 12. Religious outliers: professional knowledge communities, individual conscience claims, and the availability of professional services to the public Claudia E. Haupt; 13. A common law duty to disclose conscience-based limitations on medical practice Nadia N. Sawicki; Part V. The Impact of Religious Objections on the Health and Health Care of Others: Introduction Richard H. Fallon Jr; 14. Conscientious objection, complicity, and accommodation Amy J. Sepinwall; 15. How much may religious accommodations burden others? Nelson Tebbe, Micah Schwatzman and Richard Schragger; 16. 'A patchwork array of theocratic fiefdoms?' RFRA claims against ACA's contraception mandate Mary Anne Case; 17. Unpacking the relationship between conscience and access Robin Fretwell Wilson; Part VI. A Case Study ¿ Religious Beliefs and the Health of the LGBT Community: Introduction Noa Ben-Asher; 18. Religious convictions about homosexuality and the training of counseling professionals: how should we treat religious-based opposition to counseling about same-sex relationships? Susan Stabile; 19. Reclaiming biopolitics: religion and psychiatry in the sexual orientation change therapy cases and the establishment clause defense Craig Konnoth; Part VII. Accounting for Patients' Religious Beliefs: Introduction Robert D. Truog; 20. Brain death rejected: expanding legal duties to accommodate religious objections Thaddeus Mason Pope; 21. Accommodating miracles: medical futility and religious free exercise Teneille R. Brown; 22. Putting the insanity defense on trial: understanding criminality in the context of religion and mental illness Abbas Rattani and Jemen Amin Derbali; 23. Religion as a controlling interference in medical decision-making by minors Jonathan F. Will; Part VIII. Religion and Reproductive Health Care: Introduction Mindy Jane Roseman; 24. Regulating reasons: governmental regulation of private deliberation in reproductive decision-making B. Jessie Hill; 25. Religion and reproductive technology I. Glenn Cohen; 26. Religion and the unborn under the first amendment Dov Fox.