Complimentary contraceptives for female students may sound like a miracle to some, but it’s become a sore point of contention for many religious-based colleges and hospitals recently.
That’s because the Department of Health and Human Services has just mandated the inclusion of no-cost contraceptive care in all female employees’ and students’ health insurance packages.
Religious centers of worship like churches are exempt as they always have been, but now the mandate will remove that exemption for hospitals and universities. According to a statement put out by HHS Secretary Kathleen Sebelius on Friday, they have a year to acclimate to the new rules before they, too, must comply.
“Of course we haven’t seen the final rule,” Dr. Paul Corts, President of the Council for Christian Colleges and Universities, said in an email to The Vista. “But based on the Administration’s statements it appears as though the deep concerns of the religious community went essentially unheeded because they neither expanded the scope of the exemption nor eliminated any of the objectionable items that are required to be covered.”
In her written statement published on the HHS website Friday morning, Sebelius said, “This additional year will allow these organizations more time and flexibility to adapt to this new rule. We intend to require employers that do not offer coverage of contraceptive services to provide notice to employees, which will also state that contraceptive services are available at sites such as community health centers, public clinics, and hospitals with income-based support.”
Two universities, Colorado Christian University and Belmont Abbey College in North Carolina, have already filed lawsuits in federal court to protest the ruling.
In “Colorado Christian University v. Kathleen Sebelius, et. al.,” the Lakewood, Colo.-based institution alleges that “the government issued an administrative rule (‘the Mandate’) that runs roughshod over Colorado Christian’s religious beliefs and the beliefs of millions of other Americans by forcing them to pay for abortifacient drugs and related education and counseling.”
“Belmont Abbey College v. Kathleen Sebelius, et. al.,” claims that “the government’s Mandate unconstitutionally coerces Belmont Abbey College to violate deeply-held religious beliefs under threat of heavy fines and penalties.”
The two lawsuits are nearly identical in their allegations; namely, that the government is violating their First Amendment right to freedom of religion. However, Sec. Sebelius said her organization carefully considered the religious implications of this rule and made accommodations accordingly.
“This decision was made after very careful consideration, including the important concerns some have raised about religious liberty,” she said. “I believe this proposal strikes the appropriate balance between respecting religious freedom and increasing access to important preventative services.”
In an email communication, Chris Stenrud, Deputy Assistant Secretary for Public Affairs at HHS, said, “Today’s action oly affects employers.”
He said that HHS had proposed a rule in 2011 pertaining to students. He also said that religious-based universities were only exempt from Friday’s action if “employees share that religious affiliation.”
Civil rights and women’s groups celebrated the ruling. Planned Parenthood Federation of America, a national women’s care provider and “the nation’s leading sexual and reproductive care provider and advocate,” sent out a statement to supporters lauding the Obama Administration’s decision.
“For months, anti-women’s health groups and their congressional allies lobbied hard to undermine this important benefit,” the email, attributed to Cecile Richards, the president of the organization, said. “But after over 100,000 Planned Parenthood supporters spoke out, President Obama stood strong with you to protect women’s health.”
Sarah Lipton-Lubet, posting on the American Civil Liberties Union’s “Blog of Rights” blog, wrote, “With today’s decision, good sense won out over political gamesmanship. And true religious liberty—which gives everyone the right to make personal decisions, including whether and when to use birth control based on their own beliefs—prevailed over discrimination.”
Ron Frost, Vice President for Marketing and Communications at Oklahoma Christian University, said that the private university, which belongs to the Council of Christian Colleges and Universities, has not made a decision at this time.
“I don’t think this is an area the federal government should be getting into,” he said. “States and universities should have the freedom to make their own decisions on their own campus.”
He said that if the school fell under the ruling, and were required to follow it, they would.
Mercy Health System of Oklahoma, a Catholic healthcare provider with an office in the Wellness Center, was contacted for comment, but were still evaluating the impact the ruling will have on them at press time.