Self-Certification and the Contraceptive Coverage Rule: What Does it Mean for an Institution to “Hold Itself Out as Religious?”
In court papers, Notre Dame detailed how it segregated and tracked the use of the taxpayer funds to ensure they were not used for religious purposes. Among those expenses Notre Dame categorized as “secular” were “director’s and associate director’s salaries and benefits.” Those benefits presumably include medical benefits. Compare that to Notre Dame’s lawsuit challenging the contraceptive coverage mandate, in which Notre Dame claims offering particular health plans is an exercise of its religious belief.  (See page 38 here.) Health plans are “secular” when the University seeks taxpayer money, but an “exercise of religion” when it doesn’t want to adhere to generally applicable law.

Self-Certification and the Contraceptive Coverage Rule: What Does it Mean for an Institution to “Hold Itself Out as Religious?”

In court papers, Notre Dame detailed how it segregated and tracked the use of the taxpayer funds to ensure they were not used for religious purposes. Among those expenses Notre Dame categorized as “secular” were “director’s and associate director’s salaries and benefits.” Those benefits presumably include medical benefits. Compare that to Notre Dame’s lawsuit challenging the contraceptive coverage mandate, in which Notre Dame claims offering particular health plans is an exercise of its religious belief.  (See page 38 here.) Health plans are “secular” when the University seeks taxpayer money, but an “exercise of religion” when it doesn’t want to adhere to generally applicable law.

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