The court’s opinion, and an accompanying order on several similar cases that were awaiting a decision on whether the high court would take them up, erased all the lower appeals court rulings, all but one of which had sided with the government.
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The dispute before the justices focused on whether nonprofit entities that oppose the contraception mandate on religious grounds can object under a 1993 USA law called the Religious Freedom Restoration Act to a compromise measure offered by the Obama administration. They argue their religious liberties are infringed by the administration’s rule, which states that they must provide contraceptive coverage or sign a form opting out of it.
“They want the parties to agree to a situation where religious non-profits don’t have to tell the government anything or give them a piece of paper and the government will simply compel their insurers about their involvement to provide contraceptives to their employees”, says Bursch.
But in avoiding a 4-4 tie among the justices, an outcome that many commentators predicted, they left unanswered the question of whether the current ACA accommodation for religious nonprofits violates the Religious Freedom Restoration Act.
The Court expresses no view on the merits of the cases, the opinion said.
Monday’s ruling seems to reinforce that the justices think a compromise can be reached without interference from the top court.
“We are disappointed that the Court did not resolve once and for all whether the religious beliefs of religiously affiliated nonprofit employers can block women’s seamless access to birth control”, said Gretchen Borchelt, vice president of the National Women’s Law Center.
The federal government contends the religious nonprofits’ beliefs should not get in the way of their female employees’ ability to obtain contraception of their choice.
President Obama said Monday in an interview with BuzFeed that women are getting health insurance and that his administration is working to accommodate faith-based institutions who object birth control.
If the court had simply deadlocked 4 to 4 and upheld existing lower court decisions, it would have meant the law was interpreted differently in regions of the country. The challengers claim this doesn’t go far enough, because their plans are still being used as vehicles for providing access to contraceptives, even if they don’t have to pay for it. And they must allow their insurers or third-party administrators to handle birth control matters. They sought the same blanket exemption granted churches and other religious institutions under the Affordable Care Act.
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“If they’re able to provide these services to the employees of these religious objectors without involving the religious organizations, all of that is fine with the religious objectors”, she explains. “The Court has recognized that the government changed its position”, said Mark Rienzi, senior counsel at the Becket Fund for Religious Liberty and lead Becket attorney for the Little Sisters of the Poor, according to Politico.
