Thursday, February 7, 2013

Bishops Reject New Regs on Contraception

The U.S. Conference of Catholic Bishops released a statement today saying that the newly proposed HHS regulations on the contraception-coverage provision of the Affordable Care Act don't do enough to protect religious liberties.  According to the statement, the Conference has three problems:

  • the narrow understanding of a religious ministry;
  • compelling church ministries to fund and facilitate services such as contraceptives, including abortion-inducing drugs, and sterilization that violate Catholic teaching; and
  • disregard of the conscience rights of for-profit business owners.

These are the same objections the Conference lodged earlier, in March 2012, well before HHS proposed the new regs.  In short, the Conference says that the HHS proposal doesn't do enough to address its original objections.

The Conference says that the proposed rules maintain an "inaccurate distinction among religious ministries" by not considering Catholic hospitals, universities, and charities as part of the Catholic ministry.  In particular, the Conference objects to the "accommodation" that these institutions receive from the contraception coverage requirement--an accommodation that provides their enrollees separate contraceptive coverage, with no co-pays, and at no (direct) cost to the religious organization.  The Conference seems to object both to the idea that these institutions get an "accommodation" (as opposed to a full free pass on the contraception requirement) and to the possibility that the institutions might end up indirectly paying the bill for contraception coverage even with the accommodation.  As to point three, the Conference balked at the lack of exception for private business owners who, for religious reasons, object to contraception.

The statement says that the Conference will submit its concerns in the notice-and-comment period for the proposed rules.

SDS

http://lawprofessors.typepad.com/conlaw/2013/02/bishops-reject-new-regs-on-contraception.html

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