Contraception Insurance Mandate: The Religious Exemption Debate

LEGAL QUESTION: Is a for profit company able to deny their employees’ health care coverage of contraception under the Religious Freedom Restoration Act of 1993?

Recently in California, there is some controversy around the Reproductive FACT act (Chemerinsky, 2015). This act requires healthcare facilities to have displayed or posted the public programs, which can provide immediate free or low cost family planning services, which include contraception, abortion, pre-natal care and more. There are non-profits and other organizations saying this is an infringement of their first amendment rights. It is argued that they have no ground on this stance because they are not being asked to perform or advocate for these services, but their patients need to have access to such information. This also is not singling out religious groups it applies to all healthcare facilities (Chemerinsky, 2015). This is very scandalous

With the help of such an act, many health insurance providers must cover birth control costs. In regard to employers paying for birth control, the idea has been already turned down by the Supreme court case of Burwell v. Hobby Lobby Stores. “Hobby Lobby [is known as a] for-profit arts and crafts store chain that employs more than 13,000 individuals. It sued the government for infringement of its right to exercise religious freedom under the Religious Freedom Restoration Act. The company brought suit in order to limit the contraceptive coverage made available on the insurance plan it provides employees” (Light). Therefore, if an employer found birth control to be a violation of their beliefs, an employer would not be forced to cover it. Many Americans disagreed with this policy prior to the Supreme Court case; however, the Hobby Lobby stores still continued despite the public’s opinion (Light). Even though employer coverage cannot be amended upon, the Affordable Care Act does help many Americans that do suffer through financial

The ACA was enacted to increase the affordability as well as the quality of health insurance for United States citizens nationwide. Specifically, some of its services include providing preventive services including contraception, abortion, STD screenings and related education and counseling.Since contraceptive regulations have been implemented in our society following the Affordable Care Act, over 100 nonprofit (mainly) religious organizations have challenged the contraceptive coverage requirement. These non profits claim that even the accommodation (for provision of contraceptives to employees) is morally wrong and burdens their religious

The contraceptive coverage in the new Health Care law makes preventative care more accessible and affordable to millions of Americans. This is particularly important for women who are more likely to avoid the cost of contraceptives because of cost. To help address these barriers in terms of cost and ensure that all women have access to preventative Health Care Act, all new private insurance plan that covers a wide range of preventative services such as breast x-rays, pap smears smoking prevention and contraception without co-payments or requirements for sharing other costs. The current problem is that the Affordable Care Act is imposing on the 500 store chains of Hobby Lobby’s religious rights by forcing the company to provide full coverage of contraceptives of the 13,000 workers as part of its health care plans. David Green and family, whom founded Hobby Lobby, believe that the healthcare act is violating their held religious convictions.

On Friday, Oct. 6, the U.S. Department of Health and Human Services (HHS), under the Trump Administration, successfully retracted a policy within the Affordable Care Act (ACA) which previously stated that companies and insurance agencies were required to provide free contraception coverage for their employees.

Over a hundred years later, Planned Parenthood still operates under the goal of providing comprehensive reproductive health care services to women. This provision of a full range of reproductive services has been deemed in a study by the American Congress of Obstetricians and Gynecologists and National Partnership for Women and Families to be “essential not only to their health and well-being but also to their ability to pursue an education, hold jobs, support their families, achieve economic security, and function as a free and equal member of society” (Lawrence). The study goes on to say that “without access to the full range of reproductive health services, all that is in jeopardy.” (Lawrence). Planned Parenthood will no longer be able to fulfill its mission of providing a full range of reproductive services if the current federal government achieves their goal of overturning Roe v. Wade. Lawrence, the author of the study, also describes a need for “health care decisions based on patient’s health and needs rather than insurance coverage or payment capabilities.” An interesting point is presented here in that if Planned Parenthood concedes its abortion services, there is no guarantee that whatever organization fills in that gap will do so honestly. There is no other organization so committed to the concept of family planning and reproductive services that they do not run the risk of providing inadequate

Today, Planned Parenthood is persistently parading the news, with advocates and opposers continually debating whether or not the organizations morals and services provided benefit society and individuals. The Planned Parenthood activist group justify their stance on protecting reproductive rights for mothers and providing free sexual and reproductive health services by claiming that their organization’s efforts lead to the fundamental ideals of the historical authors John Locke, Edmund Burke, Adam Smith, and John Stuart Mill; life, liberty, and property. They firmly believe that the individual has the right to life,liberty, and property and that their institution as a whole provides these ideas favored by the notable authors. To begin, Planned

The Affordable Care Act sought to provide affordable alternative health resources to female workers, like contraception. Business of more than 50 employees were required to cover the cost of contraceptive in which Hobby Lobby, Inc. believed the coverage of these methods went against their faith. In addition, the regulation would impose a regulatory fee to companies

In the past year, the organization Planned Parenthood has taken an enormous hit in the political sphere of the United States. Opposition of the organization claim they stand for everything that is wrong in America, by providing “unjustified” sexual education and reproductive health services to young women, and being involved in multiple fabricated scandals and accusations in past years. Challengers of Planned Parenthood believe it should be defunded due to religious, moral, and fictitious reasons. However, Planned Parenthood is one of the nations largest healthcare providers for women, men, and the youth of America. For a large portion of young women and those who cannot afford standard health care services in America, Planned Parenthood is the only option for family planning, reproductive health services, and basic health care. In the past year, Congress has placed themselves in a legislative stalemate

Aside from other religions that the Affordable Care Act affects, the Roman Catholic Church is the largest denomination. The significant issue is that the Roman Catholic Church believes that using contraception is intrinsically evil. However, Pope Francis the leader of the Roman Catholic Diocese recently suggested that women at risk of contracting the Zika virus could use birth control. Pope Francis said, “Avoiding pregnancy is not an absolute evil.” This is a complete contradiction of the catholic belief.

The Affordable Care Act (ACA) was passed in 2010 under the Obama Administration to make health coverage available to more Americans. According to Thomas Berg, a social researcher and law professor at St. Thomas University, It would have brought greater demand for health services. The increased number of health professions needed to provide those services would have motivated a younger generation to pursue a career in the medical field. The act would have raised the standard of living in America. Unfortunately a clause was added to the ACA in August of 2011 that would mandate the coverage of “Food and Drug Administration (FDA) approved contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity” be included all insurance policies (Berg). The mandate would not have been enacted until August of 2012, but religious groups came out in opposition immediately when news of the clause was released. The Catholic Church was one of the prominent advocates against the enactment of the mandate as contraceptive and sterilization methods are against their moral teachings. The government was forcing the coverage despite the objections of those wishing to practice their conservative faiths freely. The mandate stands as an intrusion of religious liberties and an attack on personal values.

Originally, the major dispute over President Obama’s proposal focused on the coverage of contraception and its “pressure” on religious practices. Some statistics brought to light by the Guttamacher Institute state “that 98% of sexually active Catholic women have used birth control.” Yet, after this was justified opposers of Obamacare then tried to segue into the argument from religion to money. Based on this fact, it’s difficult to make the assumption that all Catholics are anti-contraception. While they may have their religious freedom, they like many others also want to make the decision for themselves when it would be appropriate to have children (Guttamacher Institute).

Healthcare professionals are faced with a multitude of ethical and legal conundrums. Since the introduction of birth control in American history, healthcare professionals have been put in situations to either follow their own moral and ethical beliefs, or choose to follow the law and give healthcare services to those who seek it. A large constituent to the disapproval of contraceptives other than natural family planning, is health professional’s religious beliefs. In addition, Adolescent females who need contraceptives are less likely to seek access to health care providers for these contraceptives in fear of personal information due to their age being released. Through the research provided, cases of pharmacist denial of prescribed or over the counter contraceptives to women have been the majority of conflict in this nation and in others.

Health care and what people are legally allowed to do with their bodies have created controversy galore throughout history. A particular point of debate is the topic of birth control and the government. A dangerous couple, it raises the question of who should have control over contraceptive laws and what controls involving them should be put in place? Currently, under the Obama Administration, the Affordable Care Act and “Obamacare” have been created. One of the sections of this new plan creates a mandate which requires private businesses to provide insurance that covers birth control costs. The government should not be able to force businesses, and therefore the American people, to pay for birth control via health insurance because it