335 the movement seems to be toward making it clear

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335 The movement seems to be toward making it clear that for-profit entities are not exempt from these contraceptive coverage laws. 336 As the situation in Michigan and the other states addressed above demonstrate, public perception of religious freedom is changing. When RFRA was passed more than twenty years ago, it was supported by a wide range of civil liberties, civil rights, and religious groups. 337 Today, many of these same groups have shifted their positions and oppose RFRA legislation. 338 The raison d’etre for this shift is the impact religious freedom claims can have on innocent third parties. 339 This concern is obvious when for-profit businesses are protected by RFRA. 340 RFRA was once widely seen as landmark legislation protecting the religious freedom of those who are not considered in the legislative process. 341 Now it is seen as a threat to women, members of the LGBT community, and others who may be harmed if certain religious beliefs are accommodated. 342 When homeowners rented a room and discriminated against LGBT individuals it made 333. A RIZ . R EV . S TAT . A NN . § 20-826(Z) (2010 & Supp. 2015); C ONN . G EN . S TAT . § 38a-530e (2012); M O . R EV . S TAT . § 376.1199.4 (2012) (held preempted by the Federal ACA in Mo. Ins. Coal. v. Huff, 947 F. Supp. 2d 1014, 1020 (E.D. Mo. 2013)); N.J. S TAT . A NN . § 17B:26-2.1y (West 2006); N.M. S TAT . A NN . § 59A-46-44(c) (2001); R.I. G EN . L AWS § 27- 18-57 (2008) . 334. This concern has received a good deal of attention in Connecticut. Dowling, supra note 277. 335 . Id. 336. See supra notes 277–278. 337. N USSBAUM , supra note 12, at 157–58, 160–61; Idleman, supra note 10, at 248; J. Thomas Sullivan, Requiem for RFRA: A Philosophical and Political Response , 20 U. A RK . L ITTLE R OCK L.J. 295 (1998). 338. Garfield, supra note 226. 339. See supra note 281; Corbin, supra note 5, at 1481–82. 340 . See supra notes 304–307 and accompanying text. 341. Idleman, supra note 10, at 248–51. 342 . See supra note 278 and accompanying text; Mary Anne Case, Why “Live-and-Let- Live” Is Not a Viable Solution to the Difficult Problems of Religious Accommodation in the Age of Sexual Civil Rights , 88 S O . C AL . L. R EV . 463 (2015); Oleske, supra note 120.
02.R AVITCH .FIN (D O N OT D ELETE ) 8/4/2016 6:07 PM 55 Be Careful What You Wish for 105 headlines, 343 but we still spoke in terms of that individual’s religious freedom balanced against the state interest in prohibiting discrimination. The homeowner might have won or lost in court depending on how the court viewed the weighing of those interests. Today, however, larger corporate landlords may try to discriminate citing Hobby Lobby . Whether they win or lose their cases, however, each such case will further alienate the public from the concept of religious freedom. In a debate about Hobby Lobby several months before the case was decided, I argued that if Hobby Lobby wins, within five years there will be a significant increase in the backlash against religious freedom and that religious freedom would be eroded through the more-is-less phenomenon, legislative activity, public perception, and a failure to distinguish between traditional religious entities and for- profit entities. It seems I was naive in thinking it would take five

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