Lawsuits

As part of the Affordable Care Act’s implementing regulations, group health plans are required to include coverage for various forms of preventative care, including all FDA-approved methods of contraception. Houses of worship are exempt from these requirements, and the Department of Health and Human Services later created a broader accomodation for certain nonprofit organizations. In particular, religious non-profit organizations may opt out of providing contraceptive coverage by certifying their religious objection; upon receiving this certification, the organization’s insurance company—or in the case of self-insured plans, its third-party administrator—steps in to provide the coverage.

Anthony Farina was convicted of first-degree murder for the 1992 robbery of a fast-food restaurant that left one employee dead. During the sentencing phase of his trial, Farina called a minister to testify about his reformed character and embrace of Christianity in prison. On cross-examination, the prosecutor grilled the minister about Christian theology, including the Book of Romans, which addresses “submission to authority.” In his closing argument, the prosecutor added that those who “rebel against the authority…will bring judgment on themselves.” Read more

In 1998, Hawaii amended its state constitution to allow the state legislature to ban same-sex marriage. Four years later, Nevada adopted a similar constitutional amendment, forbidding any government official in the state from recognizing same-sex marriage. Both amendments were challenged under the Constitution’s Equal Protection Clause by same-sex couples, in lawsuits filed in 2011 and 2012, respectively. The trial court in each case rejected the challenge, and the couples appealed. Their cases were consolidated before the U.S. Court of Appeals for the Ninth Circuit. Read more

Gregory Holt goes by the name Abdul Maalik Muhammed and identifies as a devout Salafist Muslim. The prison where Holt is incarcerated bans all facial hair for inmates, ostensibly for security purposes. But prisoners suffering from skin conditions are given an exception and allowed to grow quarter-inch beards, and both the federal government and most other states allow inmates to wear beards for religious reasons. Holt’s request for an accomodation to grow a half-inch beard, in accordance with his faith, was denied by correctional officials. Read more