Written by Don ByrdThe D.C. Court of Appeals yesterday became the latest Circuit to rule on a religious freedom challenge to the contraception coverage mandate in the Affordable Care Act. At issue are the owners of closely-held corporations who object on religious grounds to providing their employees with insurance that includes such coverage. While the law grants exemption to religious organizations, and provides a workaround for institutions affiliated with denominations, there is no exception for the business owner of a secular corporation who merely has strong personal religious beliefs.
A few appeals courts have ruled on this issue, which seems destined for Supreme Court review in the near future. Most recently, the 6th Circuit refused to halt the mandate, agreeing with the government that corporations are not “persons” who can exercise religion according to the Religious Freedom Restoration Act. The 10th Circuit reached the opposite conclusion, finding corporations are persons for religious exercise purposes. That ruling halted the contraception coverage mandate against Hobby Lobby, which argued that the mandate unlawfully forces a choice between following the company’s religious beliefs and suffering substantial government penalty.
How did the DC Circuit come out on Friday? Read on to find out…
Written by Don ByrdIn an editorial this morning, the NYTimes takes on the issue of religious freedom in the contraception mandate. Many employers have argued – and one appeals court has agreed – that requiring them to provide health coverage that includes contraception violates their religious freedom rights. With the exemptions in place for houses of worship and other religious institutions, the Times editorial board says religious freedom is not the issue…
Written by Don ByrdLast week, the Obama Administration issued a final rule governing the contraception coverage mandate in the Affordable Care Act. The rule exempts houses of worship, and allows religious institutions like hospitals to avoid the costs of providing such coverage while still requiring insurance companies to provide it for employees. Many employers and religious institutions argue those accommodations do not go far enough, an editorial in today’s New York Times makes the case that the rule hits the right balance.
Written by Don ByrdThe 10th Circuit Court of Appeals has taken an unusual step in Hobby Lobby’s challenge to the contraception mandate. Last week, they granted a motion to hear the case as an entire court (en banc), rather than first reviewing the case with a 3-judge panel as is customary. The court also approved an unopposed motion to expedite the hearing, meaning we should get a final word from the 10th Circuit earlier than initially expected.
Written by Don ByrdSpeaking to reporters in a conference call on Friday, new Director of the White House Office of Faith-Based and Neighborhood Partnerships, Melissa Rogers, said the “Baptist history of religious liberty is a special gift to the nation.”
