Igualdad de género y libertad religiosa en el ámbito sanitario. Algunos supuestos de conflicto en el derecho norteamericano

Abstract

The so-called “Obamacare” establishes two obligations that have a direct impact on collective religious freedom. The “antidiscrimination mandate” obliges health entities not to discriminate against their patients based on gender, which can force them to carry out certain medical procedures that are at odds with their religious ethos. The “contraceptive mandate” requires certain employers to provide their employees with health insurance coverage including contraception. In light of the most recent jurisprudence, this paper discusses the solutions provided by US courts to harmonize those public interests underlying these mandates with the protection of the religious freedom of these entities.