The Constitutionality of the ACA's Contraception Mandate
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Salt Lake City, UT 84112
Utah Student Chapter
Speakers:
- Professor Fred Gedicks, Brigham Young Law
- Professor Luke Goorich, Utah Law
Utah Student Chapter
Speakers:
Guy Anderson Chair and Professor of Law, Brigham Young University Law School
Professor Gedicks holds the Guy Anderson Chair, one of three endowed chairs at the Law School. He is widely published on law and religion, constitutional law, and constitutional interpretation, including two books,The Rhetoric of Church and State: A Critical Analysis of Religion Clause Jurisprudence (Duke University Press, 1995), and Choosing the Dream: The Future of Religion in American Public Life (Greenwood Press, 1991) (with Roger Hendrix).
Professor Gedicks is an active defender of the contraception mandate of the Affordable Care Act and opposes efforts by owners of for-profit businesses to obtain religious exemptions from the mandate. See "One Cheer for Hobby Lobby: Improbably Alternatives, Trutly Strict Scrutiny, and Third-Party Employee Burdens," 38 Harvard Journal of Law & Gender 153 (2015); "RFRA Exemptions from the Contraception Mandate: An Unconstitutional Accommodation of Religion," 49 Harvard Civil Rights-Civil Liberties Law Review (Spring 2014); (with Rebecca Van Tassell); "Invisible Women" Why an Exemption for Hobby Lobby Would Violate the Establishment Clause," 67 Vanderbilt Law Review En Banc 51 (2014) (with Andrew Koppelman); and "With Religious LIberty for All: A Defense of the Affordable Care Act's Contraception Coverage Mandate," 6 Advance 135 (Fall 2012). He was principal author and counsel of record on a U.S. Supreme Court amicus brief filed for himself and twenty other church-state scholars in the Hobby Lobbyand Conestoga Wood cases, arguing that for-profit employer exemptions would violate the Establishment Clause, and also published a widely read op-ed in the Washington Post making the same argument, "Paying for the Boss's Religion" (January 20, 2014).
Other recent publications include "Cross, Crucifix, Culture: An Approach to the Constitutional Meaning of Confessional Symbols," 13 First Amendment Law Review (forthcoming 2015) (with Pasquale Annicchino); "Incorporation of the Establishment Clause Against the States: A Logical, Textual, and HIstorical Account," 88Indiana Law Journal 699 (2013); and "Narrative Pluralism and Doctrinal Incoherence in Hosanna-Tabor," 64 Mercer Law Review 405 (2013). Professor Gedicks is currently working with Professors Robert Tuttle, Micah Schwartzman, and Nelson Tebbe on a freedom of religion casebook for West Publishing.
Professor Gedicks has lectured in Italian at universities throughout Italy, including the Catholic University of the Sacred Heart (at both its Milan and Piacenza campuses), the Graduate Institute of Sant'Anna in Pisa, and the Universities of Alessandria, Como, Florence, Genoa, Milan, Salerno, Siena, and Turin. He was a Visiting Research Fellow for the ReligioWest project at the European University Institute in Florence, Italy during November and December 2012.
Professor Gedicks grew up in New Jersey and southern California. Following graduation from law school and a clerkship on the Ninth Circuit, he practiced corporation and securities law in Phoenix, Arizona, until he entered law teaching. Professor Gedicks joined the BYU law faculty in 1990 after four years at Mercer University in Macon, Georgia, and a year at the University of Denver. He has been a visiting professor at the law schools of the University of North Carolina (Chapel Hill), the University of Notre Dame, and the University of Utah.
Vice President & Senior Counsel, Becket
Luke Goodrich is the author of Free to Believe: The Battle over Religious Liberty in America and vice president and senior counsel at the Becket Fund for Religious Liberty.
While at Becket, Luke has argued and won precedent-setting cases in the Third, Fifth, Seventh, Ninth, and Eleventh Circuits, and has helped Becket win four major Supreme Court cases in the last seven years: including victories for the Little Sisters of the Poor and Hobby Lobby against the contraception mandate, a victory for a Muslim prisoner under the Religious Land Use and Institutionalized Persons Act, and a unanimous victory in the Supreme Court’s first decision ever on the ministerial exception, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”
He frequently discusses religious freedom on networks such as CNN, Fox News, ABC, and NPR, and in publications like the Wall Street Journal, USA Today, and New York Times magazine. He also serves as an adjunct professor at the University of Utah S.J. Quinney College of Law, where he teaches constitutional law.
Before joining Becket, he clerked for Judge Michael W. McConnell on the U.S. Court of Appeals for the Tenth Circuit and graduated from the University of Chicago Law School with high honors as a member of the Law Review and the Order of the Coif.