D.C. Court of Appeals strikes down HHS abortion / birth control mandate

The Hill reports.


A federal appeals court on Friday struck down the birth control mandate in ObamaCare, concluding the requirement trammels religious freedom.

The D.C. Circuit Court of Appeals — the second most influential bench in the land behind the Supreme Court — ruled 2-1 in favor of business owners who are fighting the requirement that they provide their employees with health insurance that covers birth control.

Requiring companies to cover their employees’ contraception, the court ruled, is unduly burdensome for business owners who oppose birth control on religious grounds, even if they are not purchasing the contraception directly.

“The burden on religious exercise does not occur at the point of contraceptive purchase; instead, it occurs when a company’s owners fill the basket of goods and services that constitute a healthcare plan,” Judge Janice Rogers Brown wrote on behalf of the court.

Legal analysts expect the Supreme Court to ultimately pick up an appeal on the birth-control requirement and make a final decision on its constitutionality.

Hey, there’s Janice Rogers Brown – she was my second favorite pick for Supreme Court justices back when Bush chose that squish John Roberts. At least Alito was a good pick. My favorite two choices would be Edith H. Jones and Janice Rogers Brown.

More from the article:

In the meantime, Republicans in Congress have pushed for a conscience clause that would allow employers to opt out of providing contraception coverage for moral or religious reasons.

The measure emerged most recently during negotiations to fund the federal government. Some House Republicans wanted to include the conscience clause in a legislative package ending the government shutdown.

The split ruling against the government on Friday was the latest in a string of court cases challenging the healthcare law’s mandate.

Friday’s ruling centered on two Catholic brothers, Francis and Philip Gilardi, who own a 400-person produce company based in Ohio.

The brothers oppose contraception as part of their religion and challenged the Affordable Care Act provision requiring them to provide insurance that covers their employees’ birth control.

Refusing to abide by the letter of the law, they said, would result in a $14 million fine.

“They can either abide by the sacred tenets of their faith, pay a penalty of over $14 million, and cripple the companies they have spent a lifetime building, or they become complicit in a grave moral wrong,” Brown wrote.

The Obama administration said that the requirement is necessary to protect women’s right to decide whether and when to have children.

The judges were unconvinced, however, that forcing companies to cover contraception protected that right.

Brown wrote that “it is clear the government has failed to demonstrate how such a right — whether described as noninterference, privacy, or autonomy — can extend to the compelled subsidization of a woman’s procreative practices.”

She added that denying coverage of contraception would not undermine the Affordable Care Act’s requirements that health insurance provide preventative care.

It’s very important that people who favor big government solutions understand that a secular government is never going to recognize the rights of Christians as they take over more and more of the private sector economy. I am in favor of real care for people who have unexpected health care costs – like rare diseases and drunk drivers. We should give every citizen a voucher to purchase insurance that protects them from conditions that are not related to their own choices. But contraceptives and abortions are not unexpected – they are deliberate choices. People should have to pay for their own choices – not shove the costs on the rest of us who don’t even agree with those behaviors. You can see how far this goes in countries like Canada – which covers IVF, sex changes and abortions. And the UK, which covers IVF, sex changes and breast enlargements. Is that health care? Shouldn’t we have the right to opt out of paying for that for other people?

If liberals are so keen on paying for other people’s condoms and abortions, then why don’t they do it with their own money? I’m chaste. Why should I have to pay for these things for other people and give up my own plans and dreams?

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6 thoughts on “D.C. Court of Appeals strikes down HHS abortion / birth control mandate”

  1. The contraceptive culture, along it’s logical consequences of abortion, no-fault divorce, enforced celebration of gay sex (so-called gay marriage), and the continued break-down of the family, are all the expected fall-out of the feminist/ sexual revolution which broke out in the 1960’s and continues to render us ever more non-human.


  2. This is very good news! Maybe God is looking kindly on us. This HHS mandate has been used to persecute especially Catholics as we object to contraception on religious grounds as all Christian religions used to before 1930. Contraception turns children into commodities, and when it fails, statistics show people reach for abortion as their next “contraception” method of choice. What few people realize is that most forms of contraception already are abortion as many popular brands allow the woman to ovulate, but prevent the newly conceived child from rooting in the womb. The net effect is conception and immediate miscarriage. As a woman who has had two miscarriages, this practice of contraception is barbaric in my viewpoint. May God forgive all the good Protestant and (lousy) Catholic couples who use contraception in ignorance that they are killing their own children. They will have a surprised reunion with their family members when hopefully all will make it to heaven. God bless you. Susan Fox http://www.ChristsFaithfulWitness.com


    1. Thank you Susan. This was much more clear than what I was trying to express. I am a Protestant (S. Baptist) but am completely opposed to contraception for all the reasons you gave. It was pure ignorance on my part to buy into the cultural lies about contraception. It dawned on me when I was a medical student just how evil the practice is. A little study further revealed how the entire mentality that accompanies it leads directly to a debasing of human life and to all the horrible consequences of the culture of death that we now live in.
      Thank God for the courage and conviction of Janice Rogers Brown.


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