Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

November-12-13

Circuit Court Blocks Obamacare Contraception Mandate

Two for-profit companies won a ruling by the Seventh Circuit Court to protect them from the mandate to cover birth control benefits as part of their employee's insurance, as required by the Patient Protection and Affordable Care Act. The Court ruled on two cases at once, William D. Grote III et al, v. Kathleen Sebelius, et al, and Cyril B. Korte et al. v. Kathleen Sebelius, et al.

Friday's 2-1 ruling blocks the enforcement of the "contraception mandate" and was the first decision to separately protect both the owners and their businesses under the Religious Freedom Restoration Act.

'"In short," the court wrote, "[the] RFRA operates as a kind of utility remedy for the inevitable clashes between religious freedom and the realities of the modern welfare state, which regulates pervasively and touches nearly every aspect of social and economic life."'

In September, The U.S. Court of Appeals for the Sixth Circuit ruled a for-profit entity must comply with the Affordable Care Act's contraception coverage mandate. While in June, the Tenth Circuit Court of Appeals ruled in favor of a different for-profit company saying that the company had the right to uphold its religious beliefs and deny contraceptive coverage, leading to a temporary injunction to be exempted from the Affordable Care Act stipulation. The broad ruling of the court and the dissenting rulings by other courts will likely send the issue to the Supreme Court to decide.

The dissenting judge in the most recent case, Illana Rovner, warned that the scope of the majority ruling could enable businesses to challenge other federal regulations based on religious beliefs, hypothetically including not providing time off for a gay man to attend the birth of his and his partner's child, Christian Scientists who would cover healthcare facilities providing only "cure by prayer" services, or denying treatment for conditions cured by embryonic stem cell research.

"Your boss shouldn't be able to discriminate against you because of what he or she believes, plain and simple," a representative from the ACLU told Arizona Daily. "People are entitled to their own religious beliefs, but they don't have the right to impose those views on others."

Of the 79 cases filed to challenge the birth control mandate as an infringement on religious liberty, 64 cases by both nonprofit organizations and for-profit companies are pending. Many nonprofit organizations re-filed even after the Obama administration issued a rule that nonprofit organizations with religious objections would not have to fund or otherwise have any connections to the birth control benefit.

Media Resources: Indianapolis Business Journal 11/11; RH Reality Check 11/11; Feminist Newswire 9/19, 7/22; Arizona Daily Independent 11/12; ACLU 11/11


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

7/30/2015 Boy Scouts of America Lifts Ban on Gay Troop Leaders - The Boy Scouts of America (BSA) have voted to repeal its national ban on gay and lesbian adult staff and volunteers this week. "The resolution will allow chartered organizations to select adult leaders without regard to sexual orientation," a Boy Scouts of America statement read. Just 15 years ago, the US Supreme Court ruled that the BSA had the right to discriminate against gay volunteers and staff in a 5-4 decision. . . .
 
7/29/2015 An Extreme Abortion Ban is Now Law in Wisconsin - Wisconsin Governor Scott Walker signed an extreme 20 week abortion ban into law last week. The law, which bans abortions performed past 20 weeks, has no exception whatsoever for rape, incest, or fatal fetal anomalies. . . .
 
7/29/2015 Jen Welter Just Made NFL History - Jen Welter was hired as a coach for the Arizona Cardinals this week, becoming the first woman ever to be a National Football League coach. . . .