The topic
from the Supreme Court term preview that I am choosing to discuss is the one
regarding contraceptives. This case, and many similar cases going on around the
country, concern a new healthcare law that deals with contraceptives. The
healthcare law requires insurance plans to cover birth control. However, the
issue has been raised that for-profit companies should be exempt from the law
on the basis that providing contraceptives is against their religious views.
The issues
of this case are endless, the main issue being the power of religion within the
government. Allowing these companies to be exempt from the law not only gives a
lot of power to religion, but it gives religion power over government. If this were
to be allowed, then it could be used as precedent for any act passed in the
future that could be a threat to religious beliefs, therefore allowing religion
to cheat the system. However, if the government doesn’t allow it, then that act
will be seen as discrimination against religion. There is also the issue of
federal laws being contradictory towards each other. The health care law says
that contraceptives must be provided, but the Free Exercise Act protects
individual’s ability to practice religion. In lower court cases, federal law overrules
state law, but this issue is hard to sort out because it involves two federal
laws that seem to be in disagreement.
This case
is important to know because regardless of the fact that the entire population
does not use contraceptives, it deals with concepts that are an essential part
of our nation’s values. The separation is common knowledge to citizens of the
United States, as is the first amendment of the Constitution which allows for
the practice of religion. These are things we don’t often question because we
grow up with the knowledge that they are concrete and unchallenged, yet this
case is directly challenging them. This conflict between church and state has
been a hot topic recently; first with the Evolution versus Creation debate that
aired a few weeks ago which discussed the teaching of both theologies in public
schools, and now with the Arizona law debate which involves the Arizona
legislature attempting to pass a law allowing private companies to refuse
service to gay citizens. The issue with these cases and the contraception case
is directly related to the separation of church and state, and issue that
though it is core to America’s history, is still being debated today.
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