An Abbreviated Guide to 5 Arguments Against Contraceptive Coverage in Obamacare
Post by SARAH POSNER
•Over 50 friend-of-the court briefs have been filed in favor of the position of Hobby Lobby and Conestoga Wood, as the Supreme Court considers whether the religious exercise of these companies and their owners is infringed by the contraceptive coverage requirement in the Affordable Care Act. Twenty-two briefs have been filed supporting the government’s position, although numbers certainly should not be taken as an indicator of the strength of either argument or a predictor of the ultimate outcome.
A law or regulation violates the Religious Freedom Restoration Act (RFRA), if it imposes a “substantial burden” on a person’s religious exercise, unless it furthers a compelling government interest, or if there is a less restrictive way of furthering that interest. In bothHobby Lobby and Conestoga Wood, the plaintiffs do not object to providing coverage for all contraception, but rather just four types, including the emergency contraceptives ella and Plan B, as well as IUDs, which they insist can act as abortifacients, despite medical evidence to the contrary.
Many of the briefs say much more about the politics of abortion, reproductive rights, and religion than they do the finer points of the law — although many do address questions such as whether a corporation can have a religious conscience protected by the law, and whether the contraception coverage requirement burdens that religious exercise. But many of them address political, scientific (or, more accurately, pseudo-scientific), and theological questions that highlight how the politics of these cases have played out in the court of public opinion, and reflect how many advocacy groups and pundits will react to the ruling, however the Court decides the case.
In other words, however the Court decides Hobby Lobby, these same arguments will continue to play out in the context of free exercise and establishment law cases, in public health policy, as well as in the drafting of legislation aimed at, for example, expanding the ability of business owners to discriminate against LGBT people, using religious freedom as an excuse, or restricting access to reproductive health care. They represent the heart of the religious conservative worldview on religion in public life.
To see the remainder of the article go to: http://www.religiondispatches.org/dispatches/sarahposner/7542/