Home
/
RELIGION & LIBERTY ONLINE
/
What You Should Know About the Contraceptive Mandate Decision
What You Should Know About the Contraceptive Mandate Decision
May 6, 2025 10:27 AM

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
Religion & Liberty: Interview with Makoto Fujimura
In a mencement address at Messiah College in Pennsylvania, Makoto Fujimura told the graduating class, “We are to rise above the darkened realities, the confounding problems of our time.” A tall order for any age, but one God has decisively e in Jesus Christ. Fujimura uses his talent to connect beauty with the truth of the Gospel in a culture that has largely forgotten its religious tradition and history. He makes those things fresh and visible again. With works like...
Audio: Paul Edwards Hosts West Michigan Live on WOOD Radio
Mako Fujimura Acton broadcast consultant, Paul Edwards, took over the WOOD Radio microphone this morning to guest-host West Michigan Live here in in Grand Rapids. He covered a range of topics over the course of his broadcast hour, and spoke with artist Makoto Fujimura, whose 2014 ArtPrize entry, Walking on Water, was exhibited at the Acton Building. Their conversation focused on this piece, written by Mako, on his experience at ArtPrize and how petition does – and does not –...
What’s Wrong with the ‘Benedict Option’
For conservatives, a retreat into self-imposed isolation isn’t a responsible option, says Acton research director Samuel Gregg. Instead, he argues, we need more conservatives publicly witnessing that humans are wired to know and freely choose truth, and that this has implications for the political order: At the risk of oversimplification, in one corner are those perhaps best described as “MacIntyrians,” after the philosopher Alasdair MacIntyre and his seminal book After Virtue (1981). They suggest that modern liberalism’s advance in the...
Radio Free Acton: The Global Vatican, Part 2
On this week’s edition of Radio Free Acton, we bring you part two of Michael Matheson Miller’s conversation with Ambassador Francis Rooney, who served as U.S. Ambassador to the Holy See from 2005 to 2008 under President George W. Bush. Rooney has a new book out on the Vatican’s role in the world entitledThe Global Vatican.Miller and Rooney discuss the soft-power global role of the Vatican, and the relationship between the Vatican and the United Nations, which has been rocky...
Sober and Courageous: Tim Keller on Risk in the Christian Life
The Christian life is one filled with risk, driven by active faith in an active God whose ways are higher than our own. In all that we put our hands to, God calls us to turn away from the supposed predictability of our own plans and designs and rely entirelyon Him. Such an orientation transforms each area of our lives, from family and friends to politics to church life and beyond. But for those involved in entrepreneurship and business, the...
St. John Paul II: ‘You Are Called To Live In The World’
Today marks the feast day in the Catholic Church of St. John Paul II. His pontificate was extraordinary for many reasons, but one thing St. John Paul II understood well was the need for holiness and engagement of culture by and for the laity. In an address he made in 1987 while visiting the United States and Canada, he spoke of this very thing. It is within the everyday world that you, the laity, must bear witness to God’s Kingdom;...
Want to Serve Your Country? Start a Business
Every American, whether native born or naturalized citizen, has an obligation to serve their country. I’ve always believed that to be true, which is why I spent fifteen years serving my country in the Marine Corps. I even served three years as a recruiter, trying to convince other young men and women of the nobility of military service. But even then I believed, as I’ve always believed to be true, that military service is not the only — or even...
How an Innovative Coat Designer is Helping the Homeless
As a 20 year old product design student, Veronika Scott developed an innovative coat/sleeping-bag for the homeless. But one day when she was giving the coats away, a woman came out of a homeless shelter and told her, “We don’t need coats, coats are pointless. We need jobs.” Scott realized the woman was right. So she found a way to provide temporary help and still make a lasting change in people’s lives. ...
A Prayer for the Aid of God in Vocation
At the conclusion of the English translation of Niels Hemmingsen’sThe Way of Life (1578) (Latin: Via Vitae)is a series of short prayers. The selection includes one “for the aid of God in the needful businesses of our vocation.” The (modernized)text reads: “Give me understanding, O Lord, and assist my endeavors, that I may faithfully and diligently perform the works of my vocation, to the glory of yourname, the edification of your church, and modity of my neighbor.” Hemmingsen was a...
The Endangered Family And Why It Must Be Saved
It’s easy to say that a “family can be anything you choose.” You can have Molly has two mommies, or Jaxon who splits his time between Dad’s house and Mom’s or some version of “his, mine, ours.” In reality, the traditional family is a necessary economic and sociological element of a strong society. It’s like the game Jenga: you can slide and maneuver things all you want, but eventually, it es crashing down. Jonathan V. Last, writing at The Weekly...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved