By BJC Staff Reports and Religion News Service
The Obama administration has responded again to religious liberty challenges to the contraceptive mandate.
On Aug. 22, the Department of Health and Human Services published proposed rules that would allow some for-profit businesses to opt-out of the mandate and created an alternative opt-out method for religiously affiliated nonprofits.
The rules are meant to comply with the U.S. Supreme Court’s Hobby Lobby ruling and its action in a case involving evangelical Wheaton College.
The contraceptive mandate, first issued in 2012, is a requirement under the Affordable Care Act that employers provide insurance coverage giving workers free access to all FDA-approved methods of contraception. Explicitly religious organizations, such as churches, were exempted from the mandate. Later, faith-based nonprofits, such as hospitals, charities and schools, were extended an accommodation that would allow them to opt-out of providing coverage they find objectionable by signing a form and providing it to their insurer or third-party administrator. After receiving the notification, the insurer or third-party administrator would provide the contraception coverage to employees. Private for-profit business owners who object to some or all forms of FDA-approved contraception were neither exempted nor accommodated.
In June, the Court held that, under the Religious Freedom Restoration Act, closely held for-profit businesses should be eligible to opt-out of providing types of contraception coverage to which the owners have religious objections.
A proposed rule has been published to seek input on the definition of for-profit entities that can receive the accommodation: either the ownership would be limited to a certain number of people or “a minimum percentage of ownership would be concentrated among a certain number of owners,” according to a fact sheet released by the federal government. Both options require that the business not be publicly traded. Comments on the proposed rule and additional steps the government should take are being accepted until Oct. 21.
Days after its Hobby Lobby decision, the Court temporarily granted Wheaton College the right to opt-out of providing contraception coverage without providing the form to its insurer to do so. Several religious nonprofits — including some faith-based universities and charities — object to the method the government requires to opt-out of the coverage. For example, the Little Sisters of the Poor, an order of nuns which runs a charity, hold that no matter which process or paperwork is required, they cannot facilitate any insurer providing contraception to their employees. In their view, that would be cooperating with contraception methods forbidden by their faith.
The Court’s temporary injunction for Wheaton led to regulations establishing another opt-out method for religious nonprofits: they must notify HHS of their religious objection, and the government will then notify the insurer or third party who will be responsible for providing the coverage at no cost to employees.
From the September 2014 Report From the Capital. Click here to read the next article.
Click here to view the entire magazine as a PDF document.
