Obamacare's contraceptive provisions violate religious freedom, court rules

A man looks over the Affordable Care Act signup page on the HealthCare.gov website. Reuters

President Barack Obama's healthcare law suffered a setback on Thursday when an appeals court ruled that it violates the rights of employers belonging to religious organisations by forcing them to help provide contraceptive coverage to their employees even though they are not compelled to pay for it.

Diverging from the decisions taken by other appeals courts on the issue, the 8th US Circuit Court of Appeals in St. Louis, Missouri, upheld orders by two lower courts preventing the federal government from enforcing the contraceptive provisions of the Obama administration's Affordable Health Care Act (Obamacare) on religiously affiliated employers.

The contradictory decisions taken by appeals courts is expected to prompt the US Supreme Court to intervene and decide on the issue once and for all when it resumes session next month.

Under Obamacare, employers are required to provide insurance to employees including getting access to contraceptives, sterilisation and other preventive care for women.

Religious non-profit organisations have the choice to opt out of paying for the contraceptive coverage and this will be shouldered by the insurer at no extra cost to the employer.

Employers who fail to follow the opt-out process will be fined.

"In light of CNS and HCC's sincerely held religious beliefs, we conclude that compelling their participation in the accommodation process by threat of severe monetary penalty is a substantial burden on their exercise of religion," the 8th US Circuit Court of Appeals ruled, referring to the CNS International Ministries and Heartland Christian College in Missouri.

Dordt College and Cornerstone University in Iowa also filed a case before the appeals court and won.

CNS and HCC, for instance, object to emergency contraceptives, including Plan B from Teva Pharmaceutical Industries Ltd, which they believe are equivalent to abortion.

The employers say the opt-out provision violates a 1993 federal law called the Religious Freedom Restoration Act.

"CNS and HCC contend that the government is coercing them to violate their religious beliefs by threatening to impose severe monetary penalties unless they either directly provide coverage for objectionable contraceptives through their group health plans or indirectly provide, trigger, and facilitate that objectionable coverage through the Form 700/HHS Notice accommodation process," the court ruling said.

Circuit Judge Roger Wollman, who wrote Thursday's decisions, said the court must defer to the employers' "sincere religious belief that their participation in the accommodation process makes them morally and spiritually complicit in providing abortifacient coverage."

related articles
After its Obamacare ruling, Supreme Court becomes issue in US election
After its Obamacare ruling, Supreme Court becomes issue in US election

After its Obamacare ruling, Supreme Court becomes issue in US election

Obama gets image boost with 2 Supreme  Court decisions, Charleston church eulogy
Obama gets image boost with 2 Supreme Court decisions, Charleston church eulogy

Obama gets image boost with 2 Supreme Court decisions, Charleston church eulogy

Religious groups seek US Supreme Court action on Obamacare contraceptive rules
Religious groups seek US Supreme Court action on Obamacare contraceptive rules

Religious groups seek US Supreme Court action on Obamacare contraceptive rules

Religious groups press opposition to  Obamacare contraceptive mandate
Religious groups press opposition to Obamacare contraceptive mandate

Religious groups press opposition to Obamacare contraceptive mandate

Court quashes Little Sisters of the Poor\'s Obamacare contraception rule challenge
Court quashes Little Sisters of the Poor's Obamacare contraception rule challenge

Court quashes Little Sisters of the Poor's Obamacare contraception rule challenge

Little Sisters of the Poor takes Obamacare birth control ruling to Supreme Court
Little Sisters of the Poor takes Obamacare birth control ruling to Supreme Court

Little Sisters of the Poor takes Obamacare birth control ruling to Supreme Court

New Planned Parenthood video shows  technicians trying to \'get the hard stuff\'
New Planned Parenthood video shows technicians trying to 'get the hard stuff'

New Planned Parenthood video shows technicians trying to 'get the hard stuff'

16 states, religious groups back 3 Christian schools against court contraception ruling
16 states, religious groups back 3 Christian schools against court contraception ruling

16 states, religious groups back 3 Christian schools against court contraception ruling

News
Kelsey Grammer says he nearly lost faith after beloved sister's horrific murder
Kelsey Grammer says he nearly lost faith after beloved sister's horrific murder

“Frasier” actor Kelsey Grammer opened up about how he “cursed God” following the murder of his sister, but love — and a “reawakening” that happened while promoting the film “Jesus Revolution” — restored his faith. 

Mainz Cathedral unveils world’s 'largest Bible page' to honour Gutenberg
Mainz Cathedral unveils world’s 'largest Bible page' to honour Gutenberg

Mainz Cathedral in Germany is showcasing the world’s largest Bible page to the public in honour of the 625th birthday of Johannes Gutenberg, the inventor of the printing press and producer of the Gutenberg Bible.

Council backs down on street preaching restrictions
Council backs down on street preaching restrictions

A council in Hampshire has agreed to withdraw attempts to impose a court injunction restricting Christian street preaching and other activities in public spaces. 

The unyielding faith of one woman that shook an empire
The unyielding faith of one woman that shook an empire

In the year AD 203, a young woman named Vibia Perpetua stepped into a Roman arena in Carthage, North Africa. The crowd jeered, wild beasts prowled, and death was certain. Yet she did not hesitate.