ACLU LENS: Contraception Coverage Good for Women but Debate Leads to Bigger Questions
February 7, 2013
By Meghan Groob, Media Relations Associate, ACLU
Last week, the Obama administration released a proposed rule implementing the requirement that insurance plans cover birth control as part of “Obamacare.” The proposal implements an accommodation announced last year, which allows nonprofits with religious affiliations to opt out of providing contraceptive coverage while ensuring that employees and dependents will get such coverage directly from insurance companies.
What does this mean for women? It means the administration continues to stand up for us to make sure we have access to basic health care. The Department of Health and Human Services recognized that the overwhelming majority of women use contraception at some point of their lives, and that it’s essential preventive care for women—which is why they adopted the rule in the first place. As things move forward and details get worked out, it’s important to make sure that women get this coverage seamlessly, without burdens or hurdles.
What does this mean for employers opposed to contraception? Although the original rule (which did not make this accommodation for nonprofits that objected to providing contraception) was perfectly legal and completely consistent with religious freedom principles, the administration has now gone out of its way to provide modifications for nonprofit institutions with religious objections. Under the proposed rule, those nonprofit employers could decide not to contract, arrange, pay, or refer for birth control coverage. Their employees will, however, be provided coverage, through their insurer, under the proposal. For-profit businesses—such as Hobby Lobby, a national retail chain currently suing the administration—will still have to comply with the original rule, and can’t withhold contraceptive coverage from their workers. As the Obama administration explained, these entities don’t get accommodations under other nondiscrimination laws, so the proposal is consistent.
Visit the ACLU Blog of Rights to read more: http://www.aclu.org/blog/reproductive-freedom/aclu-lens-contraception-coverage-good-women-debate-leads-bigger-questions.