Saturday, November 15, 2014

DC Circuit Draws Line in the Sand Limiting Hobby Lobby's Reach

NPR, Court Rejects Challenge to Obamacare Rules on Contraceptives

The decision is the first since the U.S. Supreme Court last June ruled that some for-profit companies may, like religious nonprofits, opt out of providing birth control coverage in their insurance plans. In the cases that have followed, various religious nonprofits have maintained, as they did in the Washington case, that the opt-out provision itself is a "substantial burden" on religion, and thus, that it violates the Religious Freedom Restoration Act, a federal law enacted to enhance religious rights.

 

In rejecting that claim, the U.S. Court of Appeals for the District of Columbia said that "Religious objectors do not suffer substantial burdens ... where the only harm to them is that they sincerely feel aggrieved by their inability to prevent what other people would do ... "

 

These religious objectors have no right, the court said, "to be free from the unease, or even anguish" of knowing that others are legally entitled to receive or provide birth control. The court noted that birth control coverage was added to the Affordable Care Act because it accounts for a large part of women's preventive health care costs.

 

Writing for the 3-0 court panel, Judge Cornelia Pillard said the challengers' argument that the opt out harms them by triggering substitute coverage makes little sense in light of the government's need to carry out a duly enacted program.

Read the full decision here Priests for Life v. US Dep't of Human Services

 

 

https://lawprofessors.typepad.com/gender_law/2014/11/dc-circuirt-draws-line-in-the-sand-for-hobby-lobbys-reach.html

Family, Religion, Reproductive Rights | Permalink

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