abortifacients
Image courtesy Alicia Baker.
The rules, a direct rollback of the ACA’s contraceptive coverage mandate requiring access to birth control without additional cost, are considered a fulfillment of a promise Trump made to the religious community at a speech in the Rose Garden five months earlier, stating, "We will not allow people of faith to be targeted, bullied, or silenced anymore." But one of his biggest opponents is an evangelical Christian.
Supreme Court Building, Orhan Cam / Shutterstock.com
The Supreme Court on Monday sided with the evangelical owners of Hobby Lobby Stores Inc., ruling 5-4 that the arts-and-crafts chain does not have to offer insurance for types of birth control that conflict with company owners’ religious beliefs.
Beyond the specifics of the Hobby Lobby case before them, the justices broke new legal ground by affirming that corporations, not just individual Americans or religious non-profits, may claim religious rights.
Does Monday’s decision mean, however, that the religious beliefs of business owners stand paramount? That they are more important than a female employee’s right to choose from the full array of birth control methods she is promised under the Affordable Care Act? Or that a business owner may invoke his religious rights to deny service to a gay couple?
Not necessarily, legal experts say.
Hobby Lobby in Mansfield, Ohio. by Nicholas Eckhart, Flickr.com
Closely held corporations cannot be compelled to pay for contraception coverage, the Supreme Court ruled Monday in its highly anticipated Burwell v. Hobby Lobby Stores case. The "contraceptive mandate" in the federal health care law was challenged under the Religious Freedom Restoration Act, which requires that the government show that a law doesn't "substantially burden" religious exercise.
According to SCOTUSBlog, the Court ruled that the government "has failed to show that the mandate is the least restrictive means of advancing its interest in guaranteeing cost-free access to birth control."
But the decision is applicable only to the contraceptive mandate, and does not apply to other health care mandates.
From Washington Post :
The justices’ 5-4 decision Monday is the first time that the high court has ruled that profit-seeking businesses can hold religious views under federal law. And it means the Obama administration must search for a different way of providing free contraception to women who are covered under objecting companies’ health insurance plans.
Hobby Lobby is an evangelical family-owned chain, and CEO David Green says that the Affordable Care Act infringed upon the family's religious freedom by compelling them to pay for certain contraceptives the family considers to be abortifacients, such as versions of the morning-after pill and IUDs.
Justices Ginsberg, Sotomayor, Breyer, and Kagan dissented.
Read the decision HERE.