Contraceptive Mandate Tests Religious Freedom

By Daily Editorials

February 1, 2012 4 min read

An Obama administration mandate requiring all employers to offer health plans with no-cost birth control for women raises several red flags — and not just for Catholics. It's a move that impinges on the conscience of some Americans. And that's not a road the federal government should travel down.

President Barack Obama sent shockwaves throughout the Catholic Church this month when he refused to grant religious institutions an exemption to the mandate. The only fig leaf he offered was a one-year extension to implement the policy, which clearly seems an election-year maneuver. Obama courted Catholics in 2008, and he'll need them again in November. But this mandate has alienated many of those voters.

Last summer, Health and Human Services Secretary Kathleen Sebelius announced several women's preventive services, including contraception, well-woman visits, breastfeeding support and domestic violence screening, would be required in new health plans starting this August. The mandate provides a narrow exemption for churches but not for religious-affiliated charities, schools or hospitals. Even an in-person meeting between Archbishop Timothy Dolan, head of the U.S. Conference of Catholic Bishops, and Obama failed to persuade the president to broaden the exemption.

Obama's refusal to do so is contrary to a recent U.S. Supreme Court ruling, which upheld the independence of religious organizations from government interference in their relations with employees. The case originated from a Redford Lutheran church and school.

Catholics traditionally oppose any contraception. While many other Christian denominations don't contest birth control, they do oppose abortion. Some say the new rules include emergency contraceptives that induce chemical abortions soon after conception.

The Becket Fund for Religious Liberty has brought two lawsuits against the government on behalf of a Catholic college founded by monks, Belmont Abbey College, and an interdenominational Christian college, Colorado Christian University.

Hannah Smith, senior legal counsel with the Becket Fund, says although the government claims the mandate doesn't cover abortifacient drugs, the text of the regulation doesn't guarantee this. And since all FDA-approved contraceptives are included in the mandate, it covers emergency contraceptives like Plan B and Ella.

Tom Messner, a visiting fellow at the Heritage Foundation with a special interest in religious liberty, says the mandate is one of the "broadest attacks in American history" against religious groups. Even the Department of Health and Human Services acknowledges many insurance plans already include full birth control coverage, so the mandate is clearly targeted at the few institutions that have chosen not to purchase these plans.

As Messner notes, "Why go the last mile and force every plan to include them, when doing so will cause such a broad and heavy burden on religious freedom?"

Rana Elmir of the ACLU of Michigan argues the administration's decision is helpful for women and prevents discrimination by religious employers. "Virtually all women from all religious backgrounds use contraception at some point in their lives to protect their health and plan their families," she says.

But Messner suggests that if the government feels so strongly about giving women free birth control, then it could do so without placing the burden on private, religious institutions.

Offering women more preventive care is fine, but it shouldn't come at the expense of religious freedom and conscience.

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