Cardozo Journal of Equal Rights & Social Justice
Abstract
The note examines the tension between the New York Womens Health and Wellness Act's (WHWA) goal of promoting women's health through contraceptive access and its burden on the First Amendment rights of religious employers. It argues that while the WHWA advances significant public health interests, its contraceptive mandate imposes substantial burdens on religious freedom and free speech, necessitating strict scrutiny. The analysis critiques the New York Court of Appeals' decision for failing to fully consider the plaintiffs' hybrid-rights claims under Supreme Court precedent, highlighting the need for lawmakers to balance competing interests while adhering to constitutional protections.
Disciplines
Banking and Finance Law | First Amendment | Insurance Law | Law | Medical Jurisprudence | Sexuality and the Law
Recommended Citation
Ayelet S. Lebovicz,
"Cover My Pills": Contraceptive Equity and Religious Liberty in Catholic Charities v. Dinallo,
16
Cardozo J. Equal Rts. & Soc. Just.
267
(2010).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol16/iss2/4
Included in
Banking and Finance Law Commons, First Amendment Commons, Insurance Law Commons, Medical Jurisprudence Commons, Sexuality and the Law Commons