The U.S.
Supreme Court on Monday ruled that business owners can object on
religious grounds to a provision of President Barack Obama's healthcare
law that requires closely held private companies to provide health
insurance that covers birth control.
In a 5-4 vote on ideological lines, the
justices said that such companies can seek an exemption from the
so-called birth control mandate of the law known as Obamacare. The
decision, which applies only to companies owned by a small number of
individuals, means employees of those companies will have to obtain
certain forms of birth control from other sources.
Hundreds
of demonstrators on both side of one of the most contentious cases of
the Supreme Court term converged on the court building, wearing
costumes, chanting and carrying signs. Some demonstrators chanted, "Keep
your boardroom out of my bedroom" and "Separate church and state, women
must decide their fate." Signs carried by demonstrators offered
contrasting views: "Obamacare - religious liberty First Amendment
outlawed," "I am the pro-life generation," and "Birth control not my
boss's business." One man dressed up as a copy of the Bible, brandishing
a sign saying, "Use me not for your bigotry."
In
a majority opinion by conservative Justice Samuel Alito, the court said
the ruling applies only to the birth control mandate and does not mean
companies would necessarily succeed if they made similar claims to other
insurance requirements, such as vaccinations and blood transfusions.
In
the majority opinion, Alito indicated that employees could still be
able to obtain the birth control coverage via an expansion of an
accommodation to the mandate that the Obama administration has already
introduced for religious-affiliated nonprofits. The accommodation allows
health insurance companies to provide the coverage without the employer
being involved in the process.
Under
the accommodation, eligible non-profits must provide a "self
certification", described by one lower court judge as a "permission
slip" authorizing insurance companies to provide the coverage. The
accommodation is itself the subject of a separate legal challenge.
The
government’s accommodation is “less restrictive than requiring
employers to fund contraceptive methods that violate their religious
beliefs," Alito wrote.
GINSBURG DISSENT
Justice Ruth Bader Ginsburg wrote a dissenting opinion on behalf of the liberal wing of the court.
"In
a decision of startling breadth, the court holds that commercial
enterprises, including corporations, along with partnerships and sole
proprietorships, can opt out of any law ... they judge incompatible with
their sincerely held religious beliefs," she wrote.
The
justices ruled for the first time that for-profit companies can make
claims under a 1993 federal law called the Religious Freedom Restoration
Act (RFRA).
One
of the two cases was brought by arts-and-crafts retailer Hobby Lobby
Stores Ltd, which is owned and operated by David and Barbara Green and
their children, who are evangelical Christians. The other case was
brought by Norman and Elizabeth Hahn, Mennonites who own Conestoga Wood
Specialties Corp in Pennsylvania.
None
of the companies that have objected are publicly traded companies.
Hobby Lobby has around 13,000 full-time employees while Conestoga Wood
has 950.
The
decision will affect similar cases brought by employers around the
country. There are 49 cases in total, according to the Becket Fund for
Religious Liberty. Religious institutions are already exempt from the
requirement.
The
company owners involved in litigation around the country do not all
oppose every type of birth control. Some, including Hobby Lobby and
Conestoga, object only to emergency contraceptive methods, such as Teva
Pharmaceutical Industries Ltd's Plan B morning-after pill, and ella,
made by the Watson Pharma unit of Actavis PLC.
THE WHITE HOUSE REACTS
The
U.S. Supreme Court's ruling that some business owners are not required
to provide birth control coverage to employees puts women's health at
risk, the White House said on Monday, and called on Congress to make
contraception widely available.
"Today's
decision jeopardizes the health of women who are employed by these
companies," White House spokesman Josh Earnest said at a briefing.
"We
will work with Congress to make sure that any women affected by this
decision will still have the same coverage of vital health services as
everyone else," he said.
Earnest
urged Congress to act to ensure that contraceptive care is widely
available and said President Barack Obama would consider whether he can
act on his own to ensure such coverage is available to all women.
The U.S.
Supreme Court on Monday ruled that business owners can object on
religious grounds to a provision of President Barack Obama's healthcare
law that requires closely held private companies to provide health
insurance that covers birth control.
In a 5-4 vote on ideological lines, the
justices said that such companies can seek an exemption from the
so-called birth control mandate of the law known as Obamacare. The
decision, which applies only to companies owned by a small number of
individuals, means employees of those companies will have to obtain
certain forms of birth control from other sources.
Hundreds
of demonstrators on both side of one of the most contentious cases of
the Supreme Court term converged on the court building, wearing
costumes, chanting and carrying signs. Some demonstrators chanted, "Keep
your boardroom out of my bedroom" and "Separate church and state, women
must decide their fate." Signs carried by demonstrators offered
contrasting views: "Obamacare - religious liberty First Amendment
outlawed," "I am the pro-life generation," and "Birth control not my
boss's business." One man dressed up as a copy of the Bible, brandishing
a sign saying, "Use me not for your bigotry."
In
a majority opinion by conservative Justice Samuel Alito, the court said
the ruling applies only to the birth control mandate and does not mean
companies would necessarily succeed if they made similar claims to other
insurance requirements, such as vaccinations and blood transfusions.
In
the majority opinion, Alito indicated that employees could still be
able to obtain the birth control coverage via an expansion of an
accommodation to the mandate that the Obama administration has already
introduced for religious-affiliated nonprofits. The accommodation allows
health insurance companies to provide the coverage without the employer
being involved in the process.
Under
the accommodation, eligible non-profits must provide a "self
certification", described by one lower court judge as a "permission
slip" authorizing insurance companies to provide the coverage. The
accommodation is itself the subject of a separate legal challenge.
The
government’s accommodation is “less restrictive than requiring
employers to fund contraceptive methods that violate their religious
beliefs," Alito wrote.
GINSBURG DISSENT
Justice Ruth Bader Ginsburg wrote a dissenting opinion on behalf of the liberal wing of the court.
"In
a decision of startling breadth, the court holds that commercial
enterprises, including corporations, along with partnerships and sole
proprietorships, can opt out of any law ... they judge incompatible with
their sincerely held religious beliefs," she wrote.
The
justices ruled for the first time that for-profit companies can make
claims under a 1993 federal law called the Religious Freedom Restoration
Act (RFRA).
One
of the two cases was brought by arts-and-crafts retailer Hobby Lobby
Stores Ltd, which is owned and operated by David and Barbara Green and
their children, who are evangelical Christians. The other case was
brought by Norman and Elizabeth Hahn, Mennonites who own Conestoga Wood
Specialties Corp in Pennsylvania.
None
of the companies that have objected are publicly traded companies.
Hobby Lobby has around 13,000 full-time employees while Conestoga Wood
has 950.
The
decision will affect similar cases brought by employers around the
country. There are 49 cases in total, according to the Becket Fund for
Religious Liberty. Religious institutions are already exempt from the
requirement.
The
company owners involved in litigation around the country do not all
oppose every type of birth control. Some, including Hobby Lobby and
Conestoga, object only to emergency contraceptive methods, such as Teva
Pharmaceutical Industries Ltd's Plan B morning-after pill, and ella,
made by the Watson Pharma unit of Actavis PLC.