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Law, Religion and Health in the United States

Law, Religion and Health in the United States

Author: Holly Ferndandez; Cohen I. Glenn Lynch, Elizabeth Sepper
Publisher: Cambridge University Press
ISBN: 9781107164888
Published In: September 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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While the law can create conflict between religion and health, it can also facilitate religious accommodation and protection of conscience. Finding this balance is critical to addressing the most pressing questions at the intersection of law, religion, and health in the United States: should physicians be required to disclose their religious beliefs to patients? How should we think about institutional conscience in the health care setting? How should health care providers deal with families with religious objections to withdrawing treatment?

In this timely book, experts from a variety of perspectives and disciplines offer insight on these and other pressing questions, describing what the public discourse gets right and wrong, how policymakers might respond, and what potential conflicts may arise in the future. It should be read by academics, policymakers, and anyone else - patient or physician, secular or devout - interested in how US law interacts with health care and religion.

Part I. Testing the Scope of Legal Protections for Religion in the Health Care Context:

1. Religious liberty, health care, and the culture wars Douglas Laycock

2. From Smith to Hobby Lobby: the transformation of the religious freedom restoration act Diane L. Moore and Eric M. Stephen

3. The HHS Mandate Litigation and religious health care providers Adele Keim

4. Not your father's religious exemptions: the contraceptive-coverage litigation and the rights of others Gregory M. Lipper

5. Recent applications of the Supreme Court's hands-off approach to religious doctrine: from Hosanna-Tabor and Holt to Hobby Lobby and Zubik Samuel J. Levine

Part II. Law, Religion, and Health Care Institutions: Introduction Christine Mitchell

6. A corporation's exercise of religion: a practitioner's experience Melanie Di Pietro

7. The natural person as the limiting principle for conscience: can a corporation have a conscience if it doesn't have an intellect and will? Ryan Meade

8. Contracting religion Elizabeth Sepper

9. Mission integrity matters: balancing catholic health care values and public mandates David M. Craig

Part III. Law, Religion, and Health Insurance: Introduction Marc A. Rodwin

10. Religious exemptions to the individual mandate: health care sharing miniseries and the Affordable Care Act Rachel E. Sachs

11. Bosses in the bedroom: religious employers and the future of employer-sponsored health care Holly Fernandez Lynch and Gregory Curfman

Part IV. Professional Responsibilities, Religion, and Health Care: Introduction Holly Fernandez Lynch

12. Religious outliers: professional knowledge communities, individual conscience claims, and the availability of professional services to the public Claudia E. Haupt

13. A common law duty to disclose conscience-based limitations on medical practice Nadia N. Sawicki

Part V. The Impact of Religious Objections on the Health and Health Care of Others: Introduction Richard H. Fallon Jr

14. Conscientious objection, complicity, and accommodation Amy J. Sepinwall

15. How much may religious accommodations burden others? Nelson Tebbe, Micah Schwatzman and Richard Schragger

16. 'A patchwork array of theocratic fiefdoms?' RFRA claims against ACA's contraception mandate Mary Anne Case

17. Unpacking the relationship between conscience and access Robin Fretwell Wilson

Part VI. A Case Study - Religious Beliefs and the Health of the LGBT Community: Introduction Noa Ben-Asher

18. Religious convictions about homosexuality and the training of counseling professionals: how should we treat religious-based opposition to counseling about same-sex relationships? Susan Stabile

19. Reclaiming biopolitics: religion and psychiatry in the sexual orientation change therapy cases and the establishment clause defense Craig Konnoth

Part VII. Accounting for Patients' Religious Beliefs: Introduction Robert D. Truog

20. Brain death rejected: expanding legal duties to accommodate religious objections Thaddeus Mason Pope

21. Accommodating miracles: medical futility and religious free exercise Teneille R. Brown

22. Putting the insanity defense on trial: understanding criminality in the context of religion and mental illness Abbas Rattani and Jemen Amin Derbali

23. Religion as a controlling interference in medical decision-making by minors Jonathan F. Will

Part VIII. Religion and Reproductive Health Care: Introduction Mindy Jane Roseman

24. Regulating reasons: governmental regulation of private deliberation in reproductive decision-making B. Jessie Hill

25. Religion and reproductive technology I. Glenn Cohen

26. Religion and the unborn under the first amendment Dov Fox.