Home
/
RELIGION & LIBERTY ONLINE
/
What You Should Know About the Contraceptive Mandate Decision
What You Should Know About the Contraceptive Mandate Decision
Sep 5, 2025 7:35 PM

This morning the U.S. Supreme Court issued a ruling on the Health and Human Services (HHS) contraceptive mandate (see here for an explainer article on the case). The Court ruled (5-4) that that employers with religious objections can opt out of providing contraception coverage under the Affordable Care Act. Here are six points you should know from the majority opinion written by Justice Samuel Alito:

1.The “Hobby Lobby” decision is really a collection of three separate lawsuits.

Although the focus was primarily on one plaintiff, Hobby Lobby, the case bined three separate lawsuits by three panies: Conestoga Wood, Hobby Lobby, and Mardel.In the three cases before the Supreme Court, the Court agreed that the owners of three closely held for-profit corporations have sincere Christian beliefs that life begins at conception and that it would violate their religion to facilitate access to contraceptive drugs or devices that operate after that point.

2. The opposition by panies was to only specific contraceptives.

Of the 20 contraceptive methods approved by the FDA and required to be covered by the HHS mandate, four may affect an zygote from developing by inhibiting its attachment to the uterus. The belief that these four contraceptive cause an abortion was the religious reason these panies opposed the contraceptive mandate.

3.The Court determined that the mandate violated theReligious Freedom Restoration Act.

The Religious Freedom Restoration Act of 1993 (RFRA) prohibits the government from substantially burdening a person’s exercise of religion even if the burden results from a rule of general applicability unless the government demonstrates that application of the burden to the person:

(1) is in furtherance of pelling governmental interest; and

(2) is the least restrictive means of furthering pelling governmental interest.

The decision of the Court is that, as applied to closely held corporations (e.g., 50 percent of the value of its outstanding stock owned directly or indirectly by 5 or fewer individuals), the Health and Human Services (HHS) contraceptive mandate violates RFRA.

4. The Court ruledthat the corporation structure doesn’t take away the owners’ right to express their religious beliefs.

HHS argued that panies cannot sue because they are for-profit corporations, and that the owners cannot sue because the regulations apply only to panies. The Court recognized that this would leave merchants with a difficult choice: give up the right to seek judicial protection of their religious liberty or forgo the benefits of operating as corporations.

RFRA’s text shows that Congress designed the statute to provide very broad protection for religious liberty and did not intend to put merchants to such a choice. Protecting the free-exercise rights of closely held corporations, says the Court, protects the religious liberty of the humans who own and control them. Business pelled or limited by the tenets of a religious doctrine fortably within the understanding of the “exercise of religion,” says the Court.

5. The Court agreed that there were less-restrictive way the government could have carried outtheir interest of providing free contraceptives.

The Court found that the HHS mandate violated RFRA because it imposed a substantial burden (i.e., if panies refused to violate their beliefs, they would face severe economic consequences: about $475 million per year for Hobby Lobby, $33 million per year for Conestoga, and $15 million per year for Mardel). The government also failed to satisfy RFRA’s least restrictive-means standard, since the government could assume the cost of providing the four contraceptives to women unable to obtain coverage due to their employers’ religious objections or extend the modation that HHS has already established for religious nonprofit organizations to non-profit employers with religious objections to the contraceptive mandate.

6. The decision applies only to the contraceptive mandate and not other religious-based objections.

This decision concerns only the contraceptive mandate and should not be understood to hold that all insurance-coverage mandates, e.g., for vaccinations or blood transfusions, must necessarily fall if they conflict with an employer’s religious beliefs. Nor does it provide a shield for employers who might cloak illegal discrimination as a religious practice.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Calvin Coolidge and a Thanksgiving of Abundance
My pastor made a good point in his sermon Sunday that the more secular we e as a nation the less we talk about “abundance.” Instead, the national dialogue of our politics shift to discussions about scarcity. Many politicians are stuck in the mindset of talking about things like wealth distribution and rationing. The more materialist and less spiritual we e as a nation, the more inclined we are to fight over the table scraps. If we don’t look to...
Burden Bearing and Biblically Based Healthcare
Over the past year, public discussion about the Affordable Care Act has led many Christians to question the proper roles of government and business in providing healthcare. Too often, though, the question left unexamined is what role the church should have in responding to the medical needs of munity. Throughout the history of the church, Christians have been actively involved in the provision and funding of health and medical resources. But for the past 50 years, these functions have been...
Israel Really Wants A King (Part II)
Picking up where we left offlast time(in verse 9 of I Samuel 8), the prophet Samuel’s sons have given God’s system of judges a black eye with their corrupt behavior. Not wishing to be upstaged in the “Let’s Disappoint God” department, the people of Israel decide they want to up-the-sin-ante by rejecting God’s order and demanding a monarchy. It’s now time for Samuel to share with the people what is in store for them should they refuse to course-correct. In...
Hope Is a Burning Thing
Tomorrow I’ll be offering up a more mentary on the second movie of the Hunger Games trilogy, “Catching Fire.” Until then, you can read Dylan Pahman’s engagement on the theme of tyranny, as well as that of Alissa Wilkinson over at CT. I’ll be critiquing Wilkinson’s perspective in my own review tomorrow. I think her analysis starts off strong, but she ends up getting distracted by, well, the distractions. But mend her piece to your review, and in the meantime...
A Turkey in Every Pot
In this week’s Acton Commentary, “Tyranny Is the True Enemy,” I explore the latest film installment of the Hunger Games trilogy, “Catching Fire.” I pick up on the theme that animates Alissa Wilkinson’s review at Christianity Today, but diverge a bit from her reading. As she writes, a major aspect of this second part of the series has to do with fake appearances and real substance, and the need to “remember who the real enemy is.” Wilkinson is upset with...
ICCR: There Will Be Blood?
Earlier this month, the Fairfield Mirror reported on a speech given at Fairfield University in Connecticut: Many consumers are content in turning a blind eye to the injustices that save them cents on their dollars. While it may be challenging to understand the social responsibilities that affect the world’s most powerful corporations, one group of investors is constantly directing these corporations to increase their social responsibility: the Interfaith Center on Corporate Responsibility. Senior economics major Arturo Jaras Watts and Fairfield...
‘This Conversation Doesn’t Apply To You:’ Obamacare Underwhelms Again
CBS This Morning’s Charlie Rose and Sharyl Attkinsson report that a woman who once touted the Affordable Care Act as “NancyCare” is now forced to drop insurance for her eight employees, and let them fend for themselves on HealthCare.gov. It isn’t going well. In the report, White House spokesman Jay Carney tells reporters that, “This conversation doesn’t apply to you” when asked how the Affordable Care Act will affect small business owners like Nancy Clark. As Charlie Rose says, “Another...
The End of Urban Ministry
Derick Scudder, senior pastor at Bethel Chapel Church, an evangelical congregation in the northern part of Philadelphia, pleted a 4-part series explaining why he is “done with urban ministry.” Bethel Chapel is a “Bible-teaching church focused on the Good News that Jesus died on the cross for our sins. We are a racially diverse, multi-generational group of people who want to know Jesus better.” As a pastor of a church deeply embedded in a challenging section of Philadelphia, Scudder has...
Amazon, Kmart, and the Moral Limits of Shopping
Good now, sit down, and tell me, he that knows, Why this same strict and most observant watch So nightly toils the subject of the land, And why such daily cast of brazen cannon, And foreign mart for implements of war; Why such impress of shipwrights, whose sore task Does not divide the Sunday from the week; What might be toward, that this sweaty haste Doth make the night joint-labourer with the day: Who is’t that can inform me? –Marcellus,...
Supreme Court to Decide Obamacare Contraceptive-Abortifacient Mandate
The Supreme Court has agreed to hear a pair of cases that challenge the HHS mandate requiring many panies to insure contraceptive and abortifacients. The Obama administration asked the high court to review the issue after a federal appeals court in Colorado found in favor of Hobby Lobby, an Oklahoma-based crafts franchise. The court bine the Hobby Lobby case with lesser-known case involving Conestoga, a pany that lost earlier bids for relief from the mandate. If you haven’t been following...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved