University says filling out anti-contraception paperwork still violates religious liberty


The State Column, Ella Vincent | March 09, 2015

University says filling out anti-contraception paperwork still violates religious liberty

An Obamacare contraception mandate is being challenged by the University of Notre Dame.

Obamacare faces yet another obstacle. The Supreme Court has agreed to let the Univerity of Notre Dame challenge the birth control mandate for its employees.

The Affordable Care Act mandates employers to provide contraception coverage to its employees. The act provided a clause so religious employers wouldn’t have to pay for contraception directly.

Religious organizations could fill out a form stating their objections to providing birth control for religious reasons. However, the Catholic university sued to be exempt from the law because even filling out the form would go against their beliefs.

The U.S. 7th Circuit Court of Appeals in Chicago refused to exclude the court from the mandate. However, the Supreme Court has asked the court to reconsider the case.

The Supreme Court issued a GVR, or “Grant, Vacate and Remand” order. The 7th Circuit Court court has to review the case, but does not to change its previous ruling.

The university was pleased with the highest court’s decision. “Notre Dame continues to challenge the federal mandate as an infringement on our fundamental right to the free exercise of our Catholic faith,” said Paul J. Browne, vice president for public affairs at Notre Dame.

“Notre Dame continues to challenge the federal mandate as an infringement on our fundamental right to the free exercise of our Catholic faith,” continued Browne.

Women’s health advocates are displeased with the Supreme Court’s decision. “This is a case about paperwork, not religious liberty. Religious groups have been exempt from the birth control benefit all along,” said Planned Parenthood president Cecile Richards.

Legal experts have weighed in. A member of the American Civil Liberties Union said the 7th Circuit Court could rule that Notre Dame may have to fill out the religious exemption form for birth control coverage.

“I think that the other appeals court decisions are incredibly persuasive in terms of concluding that there is no impermissible burden on religious freedom by having to fill out a form,” said Louise Melling, deputy legal director at the ACLU.

Ella Vincent - Ella Vincent is a Chicago-based freelance writer for State Column and Apartments.com. She loves political memoirs, 90's rock music, and deep-dish pizza.
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