The US Supreme Court considered one case dealing with three hot-button issues: the Affordable Care Act, religious freedom and women’s access to contraception. Here’s the scoop and some proposals in Congress related to women’s access to contraception and religious freedom.
We won’t hear a decision from the Supreme Court until at least June, but stay tuned on POPVOX as the issue unfolds in Congress!
The Scoop on the Supreme Court Case
The Affordable Care Act (known as Obamacare) requires that employers provide health care for their employees — including all forms of contraception at no cost. Only certain religious organizations are exempted from this requirement. Hobby Lobby, a for-profit company, believes that they also should should be exempted because of the religious objections of the company’s owners. Hobby Lobby doesn’t have a problem with offering health insurance that offers birth control; they don’t want to pay to cover emergency contraceptives (like Plan B or ella) or IUDs. (Source: SCOTUSblog.com)
In hearing this case, the Supreme Court considered whether for-profit companies have a right to exercise religious freedom under the Religious Freedom Restoration Act, a federal law that passed in 1993 and was signed by President Bill Clinton. The Religious Freedom Restoration Act is aimed at preventing laws that substantially burden a person’s free exercise of their religion. (If the question of whether a company is a “person” that can “exercise religion” rings familiar, you’re right: the 2010 Citizens United v. FEC decision found that corporations have a right to free speech.)
Hobby Lobby’s lawyer, Paul Clement, in arguing that for-profit corporations may refuse to include contraception coverage in health plans under the Affordable Care Act based on religious objections, was bombarded with questions: What about employers who have religious objections to health plans that cover other basic medical procedures — blood transfusions, immunizations, medical products that include pork? And how does a for-profit corporation exercise religion? Whose religion, the shareholders’ or owners? (Justice Sonia Sotomayor) Can an employer have a religious objection to complying with sex discrimination laws, minimum wage laws, family leave laws and child labor laws? (Justice Elena Kagan) Do employer rights trump those of workers? (Justice Anthony Kennedy) (Read the full transcript.)
The Court also took into account the burden on the female employees at Hobby Lobby who won’t receive the health insurance coverage they need — and the religious burden on companies, given that they’re not directly providing employees with contraception and aren’t involved with an employee’s decision to use contraception. (Source: Pew Research) In arguing for the government, Solicitor General Don Verrilli said that the Supreme Court must specifically consider the effect that the exemption will have on Hobby Lobby’s female employees, who would not have access to contraceptive coverage. The Justices also pointed out that the government has exempted certain employers, including churches, religious non-profits and grandfathered companies, from the mandate for various reasons. (Source: Scotusblog)
Related Bills in Congress
Here are bills that Congress has introduced related to the religious freedom of employers and individuals. Weigh in on POPVOX, and we’ll deliver your message to Congress — guaranteed. (How POPVOX works.)
- HR 973
Religious Freedom Tax Repeal Act
To exempt employers from any excise tax and certain suits and penalties in the case of a failure of a group health plan to provide coverage to which an employer objects on the basis of religious belief or moral conviction.
- HR 2993
Taxpayer Conscience Protection Act
To require States to report information on Medicaid payments to abortion providers. Would provide greater accountability of taxpayer funds that go to organizations that perform or promote abortions, according to bill sponsor.
- HR 940
Health Care Conscience Rights Act
(And S 1204 in the Senate.) To amend the Patient Protection and Affordable Care Act to protect rights of conscience with regard to requirements for coverage of specific items and services, to amend the Public Health Service Act to prohibit certain abortion-related discrimination in governmental activities.
- HR 3133
Marriage and Religious Freedom Act
(And S 1808 in the Senate) To prevent adverse treatment of any person on the basis of views held with respect to marriage. Would prohibit discrimination through the federal tax code against individuals or institutions that exercise religious conscience regarding marriage as the union of one man and one woman, according to the bill sponsor.
- S 143
Health Care Provider and Hospital Conscience Protection Act
To prohibit discrimination and retaliation against individuals and health care entities that refuse to recommend, refer for, provide coverage for, pay for, provide, perform, assist, or participate in abortions.
- HR 2926
Freedom to Pray Act
To prohibit the revocation or withholding of Federal funds to programs whose participants carry out voluntary religious activities.
Please keep in mind that highlighting a bill doesn’t imply a POPVOX endorsement in any way. Rather, we’re simply trying to offer one more way to stay informed of an overwhelmingly complex legislative system.
