In a major victory for the Trump Administration against the legacy of Obamacare, The Supreme Court has ruled that faith based employers may opt out of providing their employees with contraception.
The Supreme Court on Wednesday cleared the way for the Trump administration to expand exemptions for employers who have religious or moral objections to complying with the Affordable Care Act’s contraceptive mandate.
The ruling is a win for President Donald Trump, who has vowed to act aggressively to protect what he and other conservatives frame as religious liberty, as well as for the Little Sisters of the Poor, a Roman Catholic religious order for women who, along with the Trump administration, asked the court to step in.
It came the same day the court also sided with religious schools in a different case, ruling that teachers at religious institutions aren’t covered by employment discrimination laws.
The White House called it a “big win for religious freedom and freedom of conscience” in a statement from press secretary Kayleigh McEnany.
Trump had complained in recent weeks when the court ruled against him on issues such as abortion, LGBTQ rights and the Obama-era Deferred Action for Childhood Arrivals program. After Chief Justice John Roberts sided with liberals in significant cases in recent weeks, he joined the conservative majority in Wednesday’s two cases.
The Little Sisters case required the justices to balance concerns for women’s health care against claims of religious liberty. The law requires that employer-provided health insurance plans cover birth control as a preventive service at no cost. Wednesday’s ruling means that by the government’s own estimate, thousands of women will have to search elsewhere for coverage.
Justice Clarence Thomas, who wrote the majority opinion, wrote that the justices held that the government “had the statutory authority to craft that exemption, as well as the contemporaneously issued moral exemption.” He was joined in full by Roberts and Justices Samuel Alito, Neil Gorsuch and Brett Kavanaugh.
Thomas commended the Little Sisters of the Poor for their efforts.
“For the past seven years, they — like many other religious objectors who have participated in the litigation and rulemakings leading up to today’s decision — have had to fight for the ability to continue in their noble work without violating their sincerely held religious beliefs,” he wrote.
Thomas continued, “After two decisions from this Court and multiple failed regulatory attempts, the Federal Government has arrived at a solution that exempts the Little Sisters from the source of their complicity-based concerns — the administratively imposed contraceptive mandate.”
And more from NPR:
For these nonprofits, the Obama administration enacted an opt-out provision for employers with religious objections. They were required to notify the government or their insurance company, or their plan administrator so that the insurance company could provide free birth control options to individual employees but separate from the employer's plan.
That did not satisfy some religious objectors, however. They contended that signing an opt-out form or notifying their plan administrator was the same as authorizing the use of their plan for birth control.
The Supreme Court previously punted on the issue. And when President Trump came into office, his administration issued new rules that would give broad exemptions from the birth control mandate to nonprofits and some for-profit companies that object to birth control on religious or moral grounds.
Now the Supreme Court has upheld the Trump administration's rules, declaring that they are a reasonable accommodation between church and state."
For many in the left and in the media, this is simply another assault on the sexual revolution:
Here's the thing...
Your "reproductive rights" are not the responsibility of your employer.
There is not a federal law guaranteeing anybody "risk" free sex or your choice to not reproduce.
There is, however, something called the "Constitution," which separates Church and State.
If you work for a religious institution or a religiously affiliated non-profit, that is your choice.
If you don't want to get pregnant, that is you and your partners choice.
If you are willingly working for a faith based institution which conscientiously opposes your lifestyle, it should not be up to the Federal Government to compel them to submit to your personal beliefs.