The US Supreme Court ruled that the federal government could not force religious owners of closely-held, for-profit corporations to provide contraceptives to employees under health care insurance provisions of the Affordable Care Act(ACA)
Some corporations have religious rights, a deeply divided Supreme Court
decided Monday June 30,2014 in ruling that certain for-profit companies cannot be
required to pay for specific types of contraceptives for their
employees.
The 5-4 decision on ideological lines ended the high court's term with a
legal and political setback for a controversial part of President
Barack Obama's healthcare reform law.
It also set off a frenzied partisan debate over religious and
reproductive rights that will continue through the November
congressional elections and beyond.
All five conservative justices appointed by Republican presidents ruled
in favor of closely held for-profit businesses -- those with at least
50% of stock held by five or fewer people, such as family-owned
businesses -- in which the owners have clear religious beliefs.
Contraceptives or abortion?
Both corporations
involved in Monday's rulng -- Conestoga Wood Specialties of Pennsylvania
and Hobby Lobby, an Oklahoma-based arts-and-crafts retail giant --
emphasize their conscientious desire to operate in harmony with biblical
principles while competing in a secular marketplace.
They argued the
Affordable Care Act, also known as Obamacare, violates the First
Amendment and other federal laws protecting religious freedom because it
requires them to provide coverage for contraceptives like the
"morning-after pill," which the companies consider tantamount to
abortion.
"The companies in the
cases before us are closely held corporations, each owned and controlled
by members of a single family, and no one has disputed the sincerity of
their religious beliefs," Justice Samuel Alito wrote in the majority
opinion.
The four liberal justices
appointed by Democratic presidents, including the high court's three
women, opposed the ruling as a possible gateway to further
religious-based challenges that limit individual choice and rights.
US SC Ruling
- Supporters call it a victory for religious freedom
- Opponents say it allows bosses to restrict workers' health care decisions
The 5-4 ruling says the
health care act cannot force a "closely held company" to cover certain
types of contraceptives for its employees because the government could
not show that the requirement was the "least burdensome" way to avoid
interfering with religious convictions. The court emphasized that this
decision does not mean that companies could refuse to cover other
things, such as blood transfusions.
But in a dissenting
opinion, Justice Ruth Bader Ginsburg said that the court "has ventured
into a minefield" and that religious protections should apply to
organizations formed for a religious purpose.
The Internal Revenue
Service says a "closely held corporation" is generally one in which the
majority of stock is owned by no more than five people and "is not a
personal service corporation."
Will such businesses now
be allowed to refuse employees access to medical marijuana? Will they be
allowed to refuse to do business with people in same-sex marriages? All
sorts of questions arise from this decision.
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