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Supreme Court Deals Blow To Birth Control Coverage

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According to Huffington Post the Supreme Court ruled 5-4 on today that privately held corporations will not have to provide their employees e contraception coverage.

The court ruled in Burwell v. Hobby Lobby Stores and Conestoga Wood Specialties v. Burwell that the Obama administration has failed to show that the contraception mandate contained in the Affordable Care Act is the “least restrictive means of advancing its interest” in providing birth control at no cost to women.

In an opinion authored by Justice Samuel Alito he wrote,  “Any suggestion that for-profit corporations are incapable of exercising religion because their purpose is simply to make money flies in the face of modern corporate law.”  He added that by requiring religious corporations to cover contraception, “the HHS mandate demands that they engage in conduct that seriously violates their religious beliefs.”

The Affordable Care Act otherwise known as Obamacare contains a provision requiring most employers to cover the full range of contraception in their health care plans at no cost to their female employees. The White House granted an exemption for churches and accommodations for religious hospitals, schools and nonprofits, but for-profit companies were required to comply with the coverage rule or pay fines.

Hobby Lobby, a Christian-owned craft supply chain store, and Conestoga Wood Specialties Store, a Pennsylvania wood manufacturer owned by a family of Mennonites, challenged the contraception mandate on the grounds that it violates their religious freedom by requiring them to pay for methods of contraception they find morally objectionable. The owners of those companies believe some forms of birth control — emergency contraception and intrauterine devices — are forms of abortion because they could prevent a fertilized egg from implanting in the uterus.

The companies were among more than three dozen for-profit corporations that challenged the contraceptive mandate in federal courthouses nationwide. Hobby Lobby prevailed in the lower courts, but Conestoga Wood lost its claim.

Monday’s opinion was written narrowly so as only to apply to the contraception mandate, not to religious employers who object to other medical services, like blood transfusions or vaccines.

Justices Ruth Bader Ginsburg, Sonia Sotomayor, Elena Kagan, and Stephen Breyer were on the oppostion side of the case. Justice Ginsburg filed a dissenting opinion stating, “in a decision of startling breadth, the Court holds that commercial enterprises, including corporations, along with partnerships and sole proprietorships, can opt out of any law (saving only tax laws) they judge incompatible with their sincerely held religious beliefs.”

The case was one of two cases decided on Monday that were considered blows to liberal agendas in the nation. The Supreme Court also ruled 5-4  that in-home care workers in Illinois who are paid by the state are not similar enough to full-fledged government employees to be compelled to pay union dues.


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