Sarah Posner is the author of 'Unholy: How White Christian Nationalists Powered the Trump Presidency, and the Devastating Legacy They Left Behind.'
The U.S. Supreme Court 2014 decision in Burwell v. Hobby Lobby allowed religious, anti-abortion employers to refuse to cover contraception in their employee health insurance. But an extraordinary April 4 appellate court decision in Indiana turned the conservative Supreme Court’s landmark Hobby Lobby decision into a winning argument for abortion rights.
Elizabeth Sepper, a professor at the University of Texas School of Law and an expert on religious liberty law, told me the decision is “enormously significant,” as it shows “what an even-handed application of religious liberty doctrine looks like.” Sepper cautioned, though, that even if the state’s high court lets the decision stand, how that decision might be applied is still uncertain.
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