- Scotusblog: Zubik v. Burwell.
Issue: Whether the HHS contraceptive-coverage mandate and its “accommodation” violate the Religious Freedom Restoration Act by forcing religious nonprofits to act in violation of their sincerely held religious beliefs, when the government has not proven that this compulsion is the least restrictive means of advancing any compelling interest.
Here's some info about the case from NPR:
- Click here for the article.
The rights of the religious and the secular clash again Wednesday at the Supreme Court, this time in the controversial context of Obamacare and birth control.
The health care law sought to equalize preventive health insurance benefits between the genders. That meant free coverage of birth control for women, with an automatic exemption for houses of worship, like churches — but not for nonprofits like religious schools and hospitals. Those nonprofits were given a workaround to accommodate their objections, but some say that accommodation still burdens their free exercise of religion.
There are cases before the court from all over the country. The plaintiffs range from large universities to small service organizations, among them the Little Sisters of the Poor, an order of Catholic nuns that runs homes for the elderly poor.
. . . When it comes to providing birth control insurance coverage for the staff, the Little Sisters have a religious objection, and they believe that the workaround meant to accommodate that objection still makes them complicit in providing contraception for their employees.
The government, in contrast, views the law as a reasonable accommodation.
"Anyone who has a religious objection ... doesn't have to pay for, refer, doesn't have to organize, doesn't have to accommodate that contraception coverage for his or her employees," says former Health and Human Services Secretary Kathleen Sebelius.
"What they are required to do is provide notification to the government or their insurer that they are opting out. That's it."
The government then steps in to fill the gap, and along with the insurer — for example, Blue Cross Blue Shield or a third-party administrator — makes birth control available, without charge, to employees, dependents or students who want birth control coverage.
Sister Constance Veit says she doesn't object to signing the required form or a letter.
"The religious burden is what that signifies, and the fact that the government would, you know, be inserting services that we object to into our plan, and it would still carry our name," she says.
