Until 2012, no federal law or regulation required employers to cover contraception or abortifacients in their company health plans. But last month a New York Times Times editorial claimed that “the assertion by private businesses and their owners of an unprecedented right to impose the owners’ religious views on workers who do not share them.”
What changed over the course of a year that now makes it a “war on contraceptives” to oppose adding such coverage? As Ramesh Ponnuru explains, it’s not really about contraceptives but an attack on religion:
If 2011 was marked by a widespread crisis of employers’ imposing their views on contraception on employees, nobody talked about it.
What’s actually new here is the Obama administration’s 2012 regulation requiring almost all employers to cover contraception, sterilization and drugs that may cause abortion. It issued that regulation under authority given in the Obamacare legislation.
The regulation runs afoul of the Religious Freedom Restoration Act, a Clinton-era law. That act says that the government may impose a substantial burden on the exercise of religious belief only if it’s the least restrictive way to advance a compelling governmental interest. The act further says that no later law should be read to trump this protection unless it explicitly says it’s doing that. The Affordable Care Act has no such language.
Is a marginal increase in access to contraception a compelling interest, and is levying steep fines on employers who refuse to provide it for religious reasons the least burdensome way to further it? It seems doubtful.