Lisa Maatz, Use of Contraception is Not Your Boss’ Business
Call for participation! We will be co-hosting a Tweetchat with the Center for Reproductive Rights at 2PM E.T. TODAY to discuss what’s at stake as the contraceptive mandate heads to #SCOTUS. Join in by tweeting at us using the hashtag #Reprochat and #NotMyBossBusiness.
Latest Seventh Circuit Decision on Birth Control Benefit Paves Another Path To SCOTUS
Just days before the Obama administration announced new rules concerning the birth control benefit, a split 7th Circuit Court of Appeals granted an injunction allowing another for-profit business to opt out, putting to rest any lingering doubts that the issue will eventually land before the Supreme Court.
The Grote Family owns and operates Grote Industries, a for-profit business located in Madison, Indiana. Grote manufactures vehicle safety and lighting systems. The business employs 1,148 workers over a variety of locations. It’s a privately-held business with a self-funded insurance plan. The Grote’s are Catholic and claim to operate their business according to the “precepts of their faith.” This includes adhering to the Catholic Church’s teachings regarding “the moral wrongfulness of abortifacient drugs, contraception, and sterilization” and denying their employees contraception coverage in the company’s plan. When faced with complying with the birth control benefit the Grotes sued to block the mandate and enjoin the Obama administration from enforcing its penalty provisions. The district court denied their request, but in a 2-1 decision the Seventh Circuit Court of Appeals reversed the district court pending appeal, which means for now, the Grotes do not have to comply.
What’s noteworthy about the decision in this case is not the outcome, but the detailed and well-reasoned dissent crafted by Circuit Judge Ilana Rovner.
President Obama: Women Stood for You. Stand With Us and Remove Abortion Restrictions From Your Budget
This election, I was proud to work with many young people to engage our communities and campuses in the issues that impact us. One issue that engaged many young women in the election work I did this year in Ohio was access to health care, especially pregnancy related services, such as pre- and post-natal care, maternity care, and abortion care. Sixty-five percent of 18-to-24 year-olds believe abortion should be legal all or most of the time, which is higher than any other age group. I am lucky to have employer-funded health insurance that allows me to access a full range of preventive services, including all pregnancy-related services.
Sadly, not all women — even women with insurance — have access to these services. Current law unfairly limits insurance coverage for abortion for women with government-funded insurance. This is because federal dollars are withheld from covering a woman’s abortion except in limited circumstance.
The Sliding Scale of Sin: Tyndale Publishers and Contraception Without a Co-Pay
Recently, the district court for District of Columbia granted a request by Tyndale House Publishers to block the Affordable Care Act birth control benefit ensuring that employer-sponsored health insurance include coverage of contraception without a co-pay. (Jessica Mason Pielko wrote about the ruling here.)
Like so many other organizations, both religious and secular, for-profit and non-profit, Tyndale’s complaints are the same: the birth control benefit in the ACA infringes upon their right to religious freedom:
Tyndale and its owners are Christians who are committed to biblical principles, including the belief that all human beings are created in the image and likeness of God from the moment of their conception/fertilization. But Defendants’ recently enacted regulatory mandate under PPACA forces Tyndale to provide and pay for drugs and devices that it and its owners believe can cause the death of human beings created in the image and likeness of God shortly after their conception/fertilization. The government’s mandate exempts what it calls “religious employers,” but denies that status to Tyndale House Publishers through its arbitrary definition.
What sets Tyndale apart from other companies challenging the birth control benefit, some of which have been successful in their challenges, and some of which have not, is that Tyndale is self-insured, whereas companies like Hobby Lobby purchase group health insurance plans from a commercial insurance carrier. In other words, Tyndale wholly assumes and underwrites the risk for providing health care to its employees (and pays for it out of its own coffers), while Hobby Lobby pays premiums to an outside insurance company. That it is self-insured means that Tyndale is paying directly for the insurance coverage of the contraception that it views as sinful, and the court found that this distinguishable fact rendered the birth control benefit sufficiently violative of Tyndale’s right to religious freedom.
Now, the court did not reach this decision in a vacuum, mind you. The Obama Administration’s compromise with the United States Conference of Catholic Bishops (USCCB) paved the way.