Contraception Mandate, Again, Found Not To Burden Religious Beliefs

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The Indiana Lawyer.com by Marilyn Odendahl

A split 7th Circuit Court of Appeals has upheld its own precedent, finding a contraception provision does not violate religious freedom. But the ruling drew a sharp, 35-page dissent from one judge.

In this latest challenge to the Patient Protection and Affordable Care Act’s accommodation for providing birth control, religiously based non-profits in Fort Wayne argued the contraception mandate violates the federal Religious Freedom Restoration Act by substantially burdening their free exercise of religion.

The accommodation excuses eligible organizations, like the Fort Wayne plaintiffs, from contracting, arranging, paying or referring for contraceptive coverage to which they have religious objections.

In federal court, the plaintiffs reiterated the unsuccessful arguments made by the University of Notre Dame that the opt-out accommodation still requires them to facilitate the objectionable services for their employees. Notre Dame presented this assertion twice before the 7th Circuit and lost both times.

Still the U.S. District Court for the Northern District of Indiana granted a preliminary injunction which prevented the federal government from enforcing the mandate.

The 7th Circuit reversed the preliminary injunction in Grace Schools, et al., and Diocese of Fort Wayne-South Bend, Inc., et al. v. Sylvia Mathews Burwell, et al., 14-1430 and 14-1431.

As it had in the Notre Dame cases and the appeal from Wheaton College, the Chicago panel ruled the opt-out provision shifted the legal responsibility to provide contraception coverage from the plaintiffs to their insurers. This, in turn, relieved, rather than burdened, their religious exercise.

“The accommodation has the legal effect of removing from objectors any connection to the provision of contraceptive services,” Judge Ilana Rovner wrote for the majority. “As we noted above, every other circuit court to consider the issue of whether the mandate imposes a substantial burden on religious exercise has come to the same conclusion.”

Joining Rovner was Judge David Hamilton, who sided with the majority in both of the Notre Dame actions.

Judge Daniel Manion made a strong dissent, claiming the majority only undertook a perfunctory examination of the “long and winding extension cord the government uses to power its contraceptive mandate.”

He contended a thorough examination “reveals that the extension cord gets its power from the nonprofits’ health plans and must be plugged in before it will work.”

Manion did not agree the accommodation removed the nonprofits from providing contraception. Instead, he maintained, it did violate protections on religious freedom but he saw a simple solution.

“Aside from the fact that the government desires to substantially burden the nonprofits’ religious exercise in furtherance of an exaggerated, misnamed, and misdirected interest, there are, no doubt, less restrictive means of furthering its interest. But why even go there?” Manion wrote. “The government certainly has no compelling interest in forcing contraceptive coverage into the nonprofits’ otherwise wanted and needed health plans when they unanimously assert they don’t want the coverage and don’t need it.

“The obvious solution for these plaintiffs is for the government to extend the religious employer exemption to all religious nonprofits that object to the coverage,” he concluded.

The plaintiffs in this case included the Diocese of Fort Wayne-South Bend Inc.; Catholic Charities of the Diocese of Fort Wayne-South Bend Inc.; Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc.; Franciscan Alliance Inc.; Specialty Physicians of Illinois LLC; University of Saint Francis; Our Sunday Visitor Inc.; Biola University Inc; and Grace Schools.

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11 COMMENTS

  1. The US as a whole has lost patience with the (decreasing number) of Christian political groups trying to claw back some status at the voting box. The Jerry Falwells and Pat Robertson’s came upon the scene and pretended churchmen should have a say on political matters. Well, that matter has been settled. Ignorant church beliefs end at once you walk out the church door. They kick and scream that they matter. But they don’t.
    All they have left is Mike Huckabee. And he is proving to be a joke charlatan with trying to defend the hypocrite Kentucky county recorder (who, having been married four times…they would normally call an adulteress…but no, now THAT is their role model). These people. They don’t matter. And that. That is a good thing.

  2. Who do these (religious) people think they are, Barack Hussein Obama; obeying only the laws they agree with and ignoring the rest?
    Actually, everyone should be upset at the asinine policy requiring employers provide, not just contraception coverage, but FREE contraception for their employees.

  3. Anti birth control whilst anti food stamp = epitome of hypocrisy. Another thought: I wonder why the rich want so many poor children to be born? Who else is going to fight their wars? They sure aren’t going to send their own kids.

    • Yet another thought, Baghdad Bob. Who’s anti- birth control? Certainly not me. But I am anti- paying for yours.
      Dems= epitome of lack of reading comprehension. (and common sense.)

      • You’re either going to pay for birth control, welfare, or more prisons. Republicans generally prefer the latter considering their cronies are getting rich off of them. You could also support raising the min wage.

      • Another conservative lie that refuses to die. This was only discussed a gazillion times on the internet/comment boards during the Hobby Lobby case.

        Try to get this through your thick skull:

        THE PRICE/COST OF BIRTH CONTROL IS/WAS ALREADY BUILT INTO THE PREMIUMS THAT WOMEN WERE ALREADY PAYING WITH THEIR OWN MONEY!!!!!!

        Since they were already paying for it the Obama administration expected companies to offer it!!

        You get it now dumbass?????

        The RW clowns on this board are Exhibit A of the recent study that showed RWer’s hated policies or ideas if they though they were Obama’s but LOVED them if they though it was Trump’s idea.

        SAME EXACT POLICIES, REPEAT, THE SAME EXACT POLICIES.

        They’re not racist or prejudiced though, not at all.

        • Brainless. Obamacare mandated employers provide FREE birth control to female employees. Try to get that through your brainless skull. Not insurance; FREE birth control. The contortions of the law since doesn’t change that basic premise.
          Sad that the refuge of brainless dems is always the same: charge racism.

          • That’s right FREE ie NO ADDITONAL COSTS.

            I’m sure you’re OK with women paying twice for the same thing but if it took one penny out of your miserly miserable life I’m sure you would set your hair on fire.

            Loser AND a dumbass

  4. This isn’t about contraceptives and same-sex marriage any longer. This is about forcing Christians to do something that is in opposition with their beliefs… a standard that would not be supported nor enforced on any other religion.

    • What about a Muslim woman taking a job as lunch lady and having to serve pork chops? Or an Amish person working at Best Buy and refusing to sell electronics? Or a county clerk who won’t issue marriage licenses to couples who are eligible to by law? Why only say the Christian is being persecuted? Oh yeah, you’re fighting for Christian supremecy not religious freedom.

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