We Told You So: Religious Liberty Trumps Federally-Mandated Employer Birth Control Requirement

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For The Associated Press, Mark Sherman reports; A sharply divided Supreme Court ruled Monday that some companies with religious objections can avoid the contraceptives requirement in President Barack Obama’s health care overhaul, the first time the high court has declared that businesses can hold religious views under federal law.

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The justices’ 5-4 decision, splitting conservatives and liberals, means the Obama administration must search for a different way of providing free contraception to women who are covered under the health insurance plans of objecting companies.

“Our decision should not be understood to hold that an insurance-coverage mandate must necessarily fall if it conflicts with an employer’s religious beliefs.”

— Justice Alito

Justice Samuel Alito wrote in his majority opinion, over a dissent from the four liberal justices, that forcing companies to pay for methods of women’s contraception to which they object violates the 1993 Religious Freedom Restoration Act. He said the ruling is limited and there are ways for the administration to ensure women get the birth control they want.

But White House press secretary Josh Earnest said the decision creates health risks for women, and he said Congress should take action to make sure they get coverage.

“President Obama believes that women should make personal health care decisions for themselves rather than their bosses deciding for them,” Earnest said. “Today’s decision jeopardizes the health of the women who are employed by these companies.”

Contraception is among a range of preventive services that must be provided at no extra charge under the health care law that Obama signed in 2010.

Two years ago, Chief Justice John Roberts cast the pivotal Supreme Court vote that saved the law in the midst of Obama’s campaign for re-election. On Monday, Roberts sided with the four justices who would have struck down the law in its entirety, holding in favor of the religious rights of closely held corporations, like the Oklahoma-based Hobby Lobby chain of arts-and-craft stores that challenged the contraceptives provision.

Hobby Lobby is among roughly 50 businesses that have sued over covering contraceptives. Some, like the two involved in the Supreme Court case, are willing to cover most methods of contraception, as long as they can exclude drugs or devices that the government says may work after an egg has been fertilized.

But Monday’s ruling would apply more broadly to other companies that do not want to pay for any of the 20 birth control methods and devices that have been approved by federal regulators.

Alito said the decision is limited to contraceptives. “Our decision should not be understood to hold that an insurance-coverage mandate must necessarily fall if it conflicts with an employer’s religious beliefs,” he said.

He suggested two ways the administration could deal with the birth control issue. The government could simply pay for pregnancy prevention, he said. Or it could provide the same kind of accommodation it has made available to religious-oriented, not-for-profit corporations….(read more)

The Associated Press

Associated Press writers Ricardo Alonso-Zaldivar, Jessica Gresko and Jim Kuhnhenn contributed to this report.


2 Comments on “We Told You So: Religious Liberty Trumps Federally-Mandated Employer Birth Control Requirement”

  1. InternSherry says:

    Great article!

    “President Obama believes that women should make personal health care decisions for themselves rather than their bosses deciding for them,” Earnest said. “Today’s decision jeopardizes the health of the women who are employed by these companies.”

    Then outdoor labor workers need their employers to provide healthcare sponsored sunscreen cost coverage to prevent life-threatening sun damage and skin cancer because it jeopardizes the health of those who work in these positions. Citizens should make health decisions for themselves rather than their bosses deciding for them. To do this, we must ask the government to tell our bosses what to offer us! Instead of CHOOSING employment, religious organizations, or community organizations that fit our individual beliefs. Instead, DECIDING to use the government instead of using our individual freedoms and powers to build the lives we want, we want the government to create an impossible utopia where every decision threatens another freedom.

    • The Butcher says:

      Thanks or your comment!

      Yes, corporations are private collections of people. As the Citizens United Ruling, and this ruling illustrate, the pro-State Welfare Left deeply resents corporations having rights defined the same way that individuals have rights. It’s the most misunderstood, divisive, and misrepresented concept, intentionally so.

      One way to frame it, to make it clearer to those who fail to grasp the significance: Imagine if corporations didn’t have the same legal protections as people.

      What would that look like?

      Illegal search and seizure? No problem. Corporations aren’t people, they don’t have rights. The government can search without a warrant, and seize assets.

      Due process? The right to a fair trial? That doesn’t apply to corporations. Because they’re “not people”.

      The right to free speech, freedom of assembly? Corporations aren’t people, they don’t have those rights.

      The right to equal protection under the law? Nope. Corporations “aren’t people”.

      Is that what The Left wants? Or what anybody wants? Of course not.

      Most of the debate tactics used by anti-corporate activists are misleading, self-serving, and dishonest.

      Thanks again for your comments Sherry.


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