Religious Exemptions and Contraceptive Coverage: How Far Can Denial Go and Still Be Constitutional?
A change was made to this article at 11:48 am, Friday September 30th to include a missing piece of the following sentence: "The points raised in the United States Conference of Catholic Bishops’ letter may be flawed at best. In its attempt to underscore the narrowness of the religious exemption, the group cites the Church Amendment to the " Health Programs Extension Act of 1973," as evidence of long-standing federal conscience protections."
New guidelines applied August 1 by the Department of Health and Human Services (HHS) to the Affordable Care Act, requiring that employers include coverage of women’s preventive care, including birth control have drawn fierce opposition from the religious.
The new guidelines require all new private insurance plans to cover preventive services—including, for example, breast exams and pap smears, maternity care, HPV testing, gestational diabetes screening and breastfeeding support—sans co-payment, co-insurance or a deductible and without cost-sharing. The guidelines, which go into effect as of August 1, 2012, also require coverage without a co-pay of FDA-approved contraception and contraceptive counseling. And there’s the rub. The Guttmacher Institute recently reported that 98 percent of sexually active Catholic women have used modern forms of birth control banned by the Catholic Church hierarchy, yet some Catholic organizations are crying foul over the birth control mandate.
Based on language from conscience clauses found in 28 states, non-profit religious institutions that exist for religious purposes, and primarily employ and serve those who share their religious values can opt out of offering contraceptive coverage in their group health plans. The HHS opened the interim policy for public comment for 60 days since the announcement, which closes on Friday, September 30.
This option and its interim religious exemption is a point of contention for some religious groups.