Lessons from Pharaoh and the Hebrew Midwives: Conscientious Objection to State Mandates as a Free Exercise Right
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Authors
O'Callaghan, Nora
Issue Date
2006
Volume
39
Issue
Type
Journal Article
Language
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Abstract
INTRODUCTION|In October, 2004, the United States Supreme Court denied a petition for writ of certiorari in the case of Catholic Charities of Sacramento, Inc v. California. In their petition for the writ, Catholic Charities framed the question presented in this way: "Whether the State may compel an organ of the Catholic Church, contrary to its religious teachings, to include contraceptives in the prescription drug plan it provides to its employees, and thereby to finance conduct that the Church teaches is sinful." The denial of a writ of certiorari left in place a California Supreme Court decision that held that California's imposition of a duty on Catholic organizations to cooperate directly in continuous, serious sin is consistent with the Free Exercise Clause of the United States Constitution. Denying the writ also meant that the Court missed an opportunity to bring clarity to its free exercise jurisprudence, but the confused nature of its current doctrine insures that it will have many more such opportunities in the near future...
Description
Citation
39 Creighton L. Rev. 561 (2005-2006)
Publisher
Creighton University School of Law