Earlier this morning, the Supreme Court ruled that some companies will be exempt from the Affordable Care Act's birth control mandate. In a 5-4 decision, the court sided with Hobby Lobby Stores Inc., ruling that closely held, for-profit businesses such as Hobby Lobby do not have to cover birth control costs under their insurance.
Back in March, Hobby Lobby (a chain of craft stores) and Conestoga Wood Specialties (a cabinet company) argued before the Supreme Court about covering all forms of birth control. Although the government already made exceptions for religious non-profits, Hobby Lobby is a for-profit, closely held company and the owners have strong religious objections to certain forms of birth control (namely, the IUD and emergency contraception, both of which they believe to be forms of abortion. Read more about why that’s not the case, here).
The companies asked for an exemption based on the Religious Freedom Restoration Act of 1993 (RFRA), which states that the government shall not substantially burden a person’s exercise of religion unless it is the least restrictive way to further a compelling governmental interest. Today, the Supreme Court ruled that RFRA did apply to this situation, granting them the same contraceptive mandate compromise that has already been given to religious non-profits.
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As is clear by the 5-4 split, this controversial ruling is not what many hoped to hear. In fact, all three female justices on the case disagreed with it, and Justice Ruth Bader Ginsberg wrote a passionate, 35-page dissent, which included: “In the Court’s view, RFRA demands accommodation of a for-profit corporation’s religious beliefs no matter the impact that accommodation may have on third parties who do not share the corporation owners’ religious faith—in these cases, thousands of women employed by Hobby Lobby and Conestoga.”
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Cecile Richards, president of Planned Parenthood Federation of America, also strongly disagrees with the ruling. “It’s hard to imagine that in 2014 in the U.S., there are judges and politicians who continue to object to women’s ability to access birth control,” Richards said in a conference call this morning. Birth control is the most common prescription used by women, continued Richards, so how is it possible that this basic healthcare service may not be covered by your insurance, simply because your company’s owners don’t agree with it?
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“National medical organizations disagree with the position of Hobby Lobby and their own personal beliefs about how birth control works and what’s an abortifacient and what’s not,” said Richards. “That’s one of the disturbing parts of this case. There are folks who may have their own religious views, but why should they be able to impose their own religious views on their employees?”
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The thousands of women employed by these two companies will be directly impacted, but experts say there are many other women who will also feel the blow. That’s because this ruling may make it easier for other closely held companies to come forward and ask for an exemption. The Supreme Court ruling states that these women will be able to get coverage for birth control under the same accommodation given to women working for religious non-profits, though this process is brand new and will likely take a while to work out the kinks.
Read more birth control news here, and check back for more updates.
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