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Religious Resistance and the Public's Health
Elizabeth Sepper1, Lindsay F Wiley2
1Professor of Law, University of Texas School of Law.
American Journal of Law & Medicine
|July 30, 2026
Summary
The Affordable Care Act mandates preventive services, but employer objections and court rulings prioritizing religious rights over population health are undermining access. This challenges public health goals achieved through workplace insurance.
Area of Science:
- Public Health Law
- Health Policy
- Employer-Sponsored Insurance
Background:
- The Affordable Care Act's preventive services mandate aims to improve population health by requiring insurance coverage.
- Employers, providing insurance to over half the population, may have interests conflicting with public health goals.
- Legal challenges based on religious objections are impacting the mandate's implementation.
Purpose of the Study:
- To analyze how employer-based religious objections and court decisions affect the preventive services mandate.
- To examine the shift towards individualistic interpretations of religious exemptions in legal challenges.
- To assess the potential impact on population health secured through workplace insurance.
Main Methods:
- Legal analysis of court cases concerning the preventive services mandate.
- Examination of the legal standards applied to religious exemption claims.
- Review of the intersection between employer interests, religious freedom, and public health policy.
Main Results:
- Courts are increasingly granting religious exemptions, often based on individualistic frameworks.
- These decisions discount the population-level public health benefits of preventive services.
- Recent legal trends may weaken the ability to ensure population health via employer-sponsored insurance.
Conclusions:
- The legal landscape surrounding religious objections to the preventive services mandate poses a significant threat to public health.
- Individualistic interpretations of religious rights in legal settings undermine population-level health objectives.
- Future legal challenges could further erode the foundation of public health initiatives delivered through the workplace.
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