Sixth Circuit Rejects Challenge to ACA Birth Control Benefit
In a unanimous decision, a panel of the US Court of Appeals for the Sixth Circuit ruled yesterday that the Affordable Care Act (ACA) birth control coverage benefit does not violate the Religious Freedom Restoration Act (RFRA) or the First Amendment, upholding two lower courts' denial of a preliminary injunction against the law to a group of Catholic-affiliated non-profit entities.
The ACA requires health insurance providers to cover preventive health services - including all FDA-approved contraceptives, such as the pill, emergency contraceptives, and IUDs - without charging co-pays, deductibles or co-insurance. Religious employers, such as churches, are exempted from the requirement. Certain non-profits, who object to contraception on religious grounds, can obtain an accommodation that would allow these groups not to provide contraceptives to their employees. In that case, if the non-profit has an employer-provided group health insurance plan, then the employer would submit a certification to the insurance issuer. The issuer would then have to provide contraceptive coverage. If the non-profit employer has a self-insured plan, one that relies on employer-contributions without outside insurance contributions, then the employer would contract with a third-party administrator who would pay for and process claims for contraceptive services.
The non-profit groups in the case argued that the process to obtain the exemption or the accommodation unduly interfered with their religious beliefs and burdened their exercise of religion, violating both RFRA and the First Amendment.
The Sixth Circuit rejected these arguments, finding that the ACA did not substantially burden the religious exercise of any group eligible for either the exemption or the accommodation. The court noted that the law was specifically crafted so that these groups would not be required to "provide" contraceptives to anyone, to "pay for" contraceptive coverage, or to "facilitate" access to contraceptives.
A majority of Americans support full coverage of birth control as a preventive service. As many as 88% of American women who have ever had sexual intercourse have used birth control pills, injectables, the contraceptive patch, or IUDs at some point in their lives, and at least 14% of women using the pill are doing so to treat painful conditions such as endometriosis, ovarian cysts, or severe cramps, and studies have shown that the pill reduces the incidence of ovarian and endometrial cancers. Birth control is basic health care for women.
Media Resources: United States Court of Appeals for the Sixth Circuit; National Women's Law Center; Feminist Majority Foundation 11/26/13
8/28/2015 Alaska Court Protects Abortion Access for Low-Income Women - The Alaska Superior Court struck down a state law yesterday that would have severely limited abortion access for low-income women in Alaska.
The state's Superior Court also struck down a Department of Health and Social Services regulation that placed narrow specifications on Medicaid coverage for abortions, requiring that Medicaid-funded abortions be determined by a physician to be "medically necessary." Last year, the Center for Reproductive Rights, the American Civil Liberties Union, and Planned Parenthood sued on behalf of the Planned Parenthood of the Great Northwest, claiming that the narrow definition of "medically necessary" arbitrarily established conditions designed to restrict the ability of low-income women to access abortion services.
The law was temporarily blocked last July by an Alaskan state court judge.
Superior Court Judge John Suddock ordered yesterday that the state be blocked from implementing this regulation, ruling that it placed an undue burden on low-income women seeking abortion services in Alaska.
"By providing health care to all poor Alaskans except women who need abortions, the challenged regulation violates the state constitutional guarantee of 'equal rights, opportunities, and protection under the law'," the ruling read.
"We applaud the superior court for striing down these cruel restrictions on women's health and rights that violate the Alaska Constitution," said Chris Charbonneau, CEO of Planned Parenthood of the Great Northwest and the Hawaiian Islands. . . .
8/26/2015 Saudi Women Prepare to Vote for the First Time - The fight for gender equality is making slow but notable progress in Saudi Arabia, where women will be allowed to vote for the first time in upcoming December elections.
This shift in Saudi law came in 2011, when a royal decree announced that women would be allowed to vote and run in local elections beginning in December of 2015. . . .