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Article
Religious freedom and workers’ compensation - Big Sky Colony v Montana Department of Labor and Industry
Montana Law Review (2014)
  • Mel Cousins, Glasgow Caledonian University
Abstract
Social security and health care litigation has played a prominent role in the development of the jurisprudence concerning the religious clauses of the US Constitution. At the time of writing further litigation in this area is ongoing with initial rulings having been handed down in relation to challenges concerning the compatibility of the PPACA’s contraceptive mandate with the Religious Freedom Restoration Act (RFRA). This note considers an interesting recent decision of the Montana supreme court which considered the constitutionality of an extension of coverage under the Montana workers’ compensation code to colonies of the Hutterite (or Hutterian or Hutterische) Brethren Church. The Montana court, by a narrow majority, upheld the law holding that it was not in breach of the Free Exercise and Establishment Clauses of the US Constitution, and also was not a breach of the Equal Protection Clause.
Keywords
  • Workers compensation,
  • Free Exerxcise of Religion,
  • Establishment Clause,
  • Inclusion of religious group in workers' compensation scheme
Publication Date
March, 2014
Citation Information
Mel Cousins. "Religious freedom and workers’ compensation - Big Sky Colony v Montana Department of Labor and Industry" Montana Law Review Vol. Forthcoming (2014)
Available at: http://works.bepress.com/mel_cousins/67/