A contraceptive mandate is a government regulation or law that requires
health insurer
Health insurance or medical insurance (also known as medical aid in South Africa) is a type of insurance that covers the whole or a part of the risk of a person incurring medical expenses. As with other types of insurance, risk is shared among ma ...
s, or
employer
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any othe ...
s that provide their
employee
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other ...
s with health insurance, to cover some
contraceptive
Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
costs in their health insurance plans.
In 1978, the
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
ruled that
discrimination on the basis of pregnancy was discrimination on the basis of sex.
In 2000, the
Equal Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination ...
ruled that companies that provided insurance for prescription drugs to their employees but excluded birth control were violating the
Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
.
[ ]President Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
signed the Patient Protection and Affordable Care Act
The Affordable Care Act (ACA), formally known as the Patient Protection and Affordable Care Act and colloquially known as Obamacare, is a landmark U.S. federal statute enacted by the 111th United States Congress and signed into law by Presi ...
(ACA) on 23 March 2010. As of 1 August 2011, female contraception was added to a list of preventive services covered by the ACA that would be provided without patient co-payment. The federal mandate applied to all new health insurance plans in all states from 1 August 2012.[ "The official start date is August 1, 2012, but since most plan changes take effect at the beginning of a new plan year, the requirements will be in effect for most plans on January 1, 2013. School health plans, which often begin their health plan years around the beginning of the school year, will see the benefits of the August 1st start date."]
Grandfathered
A grandfather clause, also known as grandfather policy, grandfathering, or grandfathered in, is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from t ...
plans did not have to comply unless they changed substantially.[ "These changes include cutting benefits significantly; increasing co-insurance, co-payments, or deductibles or out-of-pocket limits by certain amounts; decreasing premium contributions by more than 5%; or adding or lowering annual limits."] To be grandfathered, a group plan must have existed or an individual plan must have been sold before President Obama signed the law; otherwise they were required to comply with the new law.[ "Non-grandfathered plans are group health plans created after the health care reform law was signed by the President or individual health plans purchased after that date."] The Guttmacher Institute
The Guttmacher Institute is a research and policy NGO that aims to improve sexual and reproductive health and rights worldwide. This research organization was started in 1968 and works to study, educate, and advance sexual and reproductive health ...
said that even before the federal mandate was implemented, twenty-eight states had their own mandates that required health insurance to cover prescription contraceptives, but the federal mandate innovated by forbidding insurance companies from charging part of the cost to the patient. In 2017, the Trump administration
Donald Trump's tenure as the List of presidents of the United States, 45th president of the United States began with Inauguration of Donald Trump, his inauguration on January 20, 2017, and ended on January 20, 2021. Trump, a Republican Party ...
issued a ruling letting insurers and employers refuse to provide birth control if doing so would violate their religious beliefs or moral convictions.
Birth control and unintended pregnancy
In the United States, contraceptive use saves about $21 million in direct medical costs each year.
About half of U.S. pregnancies are unintended.[ Highly effective contraceptives, such as intrauterine devices (IUDs), are underused in the United States.] Increasing use of highly effective contraceptives could help meet the goal set forward in Healthy People 2020 to decrease unintended pregnancy by 10% before 2020. Cost to the user is one factor preventing many US women from using more effective contraceptives. Making contraceptives available without a copay increases use of highly effective methods, reduces unintended pregnancies, and may be instrumental in achieving the Healthy People 2020 goal.
Federal female contraception mandate before ACA
Certain aspects of the contraception mandate did not start with the ACA. In December 2000, the Equal Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination ...
ruled that companies that provided prescription drugs to their employees but didn't provide birth control were in violation of Title VII of the 1964 Civil Rights Act, which prevents discrimination on the basis of sex. That opinion, which the George W. Bush administration did nothing to alter or withdraw when it took office the next month, is still in effect today – and because it relies on Title VII of the Civil Rights Act, it applies to all employers with 15 or more employees. Currently, employers that do not offer prescription coverage or do not offer insurance at all are exempt, because they treat men and women equally, but the new mandate will require prescription coverage.
After the EEOC opinion was approved in 2000, reproductive rights groups and employees who wanted birth control access sued employers that refused to comply. The next year, in ''Erickson v. Bartell Drug Co.'', a federal court agreed with the EEOC's reasoning. Reproductive rights groups and others used that decision as leverage to force other companies to settle lawsuits and agree to change their insurance plans to include birth control. Some subsequent court decisions echoed Erickson, and some went the other way, but the rule (absent a Supreme Court decision) remained, and over the following decade, the percentage of employer-based plans offering contraceptive coverage tripled to 90%.
In 1978, the U.S. Congress made it clear that discrimination on the basis of pregnancy was discrimination on the basis of sex. In 2000, the Equal Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination ...
ruled that companies that provided insurance for prescription drugs to their employees but excluded birth control were violating the Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
.[ ]President Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
signed the Patient Protection and Affordable Care Act
The Affordable Care Act (ACA), formally known as the Patient Protection and Affordable Care Act and colloquially known as Obamacare, is a landmark U.S. federal statute enacted by the 111th United States Congress and signed into law by Presi ...
(ACA) on 23 March 2010. As of 1 August 2011, contraception was added by HHS regulation to a list of preventive services covered by the ACA per regulation that would be provided without patient co-payment. The federal mandate applies to all new health insurance plans in all states from 1 August 2012. Grandfathered plans do not have to comply unless they change substantially. To be grandfathered, a group plan must have existed or an individual plan must have been sold before President Obama signed the law; otherwise they must comply with the new law. The Guttmacher Institute
The Guttmacher Institute is a research and policy NGO that aims to improve sexual and reproductive health and rights worldwide. This research organization was started in 1968 and works to study, educate, and advance sexual and reproductive health ...
noted that even before the federal mandate was implemented, 28 states had their own mandates that required health insurance to cover the prescription contraceptives, but the federal mandate innovated by forbidding insurance companies from charging part of the cost to the patient.
ACA mandatory coverage for contraceptives
With the exception of churches and houses of worship, the Patient Protection and Affordable Care Act
The Affordable Care Act (ACA), formally known as the Patient Protection and Affordable Care Act and colloquially known as Obamacare, is a landmark U.S. federal statute enacted by the 111th United States Congress and signed into law by Presi ...
mandates female contraceptive coverage for all employers and educational institutions, even though the mandate itself is not included in the wording of the law(s) passed by Congress. The mandate applies to all new health insurance plans effective August 2012. It controversially includes Christian hospitals, Christian charities
Christians () are people who follow or adhere to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. The words ''Christ'' and ''Christian'' derive from the Koine Greek title ''Christós'' (Χρι ...
, Catholic universities
Catholic higher education includes universities, colleges, and other institutions of higher education privately run by the Catholic Church, typically by religious institutes. Those tied to the Holy See are specifically called pontifical uni ...
, and other enterprises owned or controlled by religious organizations that oppose contraception on doctrinal grounds.
On January 20, 2012, U.S. Department of Health and Human Services Secretary
A secretary, administrative professional, administrative assistant, executive assistant, administrative officer, administrative support specialist, clerk, military assistant, management assistant, office secretary, or personal assistant is a w ...
Kathleen Sebelius
Kathleen Sebelius (; née Gilligan, born May 15, 1948) is an American businesswoman and politician who served as the 21st United States secretary of Health and Human Services from 2009 until 2014. As Secretary of Health and Human Services, Sebeli ...
announced a (then) final rule of an August 1, 2011 interim final rule on health insurance coverage with no cost sharing for FDA
The United States Food and Drug Administration (FDA or US FDA) is a federal agency of the Department of Health and Human Services. The FDA is responsible for protecting and promoting public health through the control and supervision of food ...
-approved contraceptives and contraceptive services (including female sterilization) for women of reproductive age if prescribed by health care providers, as part of women's preventive health services guidelines adopted by the Health Resources and Services Administration
The Health Resources and Services Administration (HRSA) is an agency of the U.S. Department of Health and Human Services located in North Bethesda, Maryland. It is the primary federal agency for improving access to health care services for peop ...
(HRSA) for the Affordable Care Act. Male contraception
Male contraceptives, also known as male birth control, are methods of preventing pregnancy that solely involve the male physiology. The most common kinds of male contraception include condoms, outercourse, and vasectomy. In domestic animals, ca ...
is not eligible.
Regulations made under the act rely on the recommendations of the independent Institute of Medicine
The National Academy of Medicine (NAM), formerly called the Institute of Medicine (IoM) until 2015, is an American nonprofit, non-governmental organization. The National Academy of Medicine is a part of the National Academies of Sciences, E ...
(IOM) in its July 19, 2011 report ''Clinical Preventive Services for Women: Closing the Gaps'', which concluded that birth control is medically necessary "to ensure women's health and well-being".
The administration allowed a religious exemption. The exemption initially applied to church organizations themselves, but not to affiliated nonprofit corporations, like hospitals, that do not rely primarily on members of the faith as employees. An amendment, the Blunt Amendment, was proposed that "would have allowed employers to refuse to include contraception in health care coverage if it violated their religious or moral beliefs", but it was voted down 51–48 by the U.S. Senate on March 1, 2012.
In May 2015 the Obama administration stated that under the ACA, at least one form of all 18 FDA-approved methods of birth control for women must be covered without cost-sharing. These 18 methods include: sterilization surgery, surgical sterilization implant, implantable rod, copper intrauterine device, IUDs with progestin (a hormone), shot/injection, oral contraceptives (the pill), with estrogen and progestin, oral contraceptives with progestin only, oral contraceptives, known as extended or continuous use that delay menstruation, the patch, vaginal contraceptive ring, diaphragm, sponge, cervical cap, female condom, spermicide, emergency contraception (Plan B/morning-after pill), and emergency contraception (a different pill called Ella). All forms of male birth control are exempt from mandatory coverage under the ACA and the "ObamaCare Facts" page explicitly states that "Plans aren't required to cover services related to a man's reproductive capacity, like vasectomies."
Opposition to contraceptive mandate
In February 2012, a major political controversy erupted with candidates for the Republican nomination for President viewing the regulations as a "direct attack on religious liberty".
The United States Conference of Catholic Bishops
The United States Conference of Catholic Bishops (USCCB) is the episcopal conference of the Catholic Church in the United States. Founded in 1966 as the joint National Conference of Catholic Bishops (NCCB) and United States Catholic Conference (US ...
has since taken the lead in opposition to the regulations. Cardinal Timothy M. Dolan
Timothy Michael Dolan (born February 6, 1950) is an American cardinal of the Catholic Church. He is the tenth and current Archbishop of New York, having been appointed by Pope Benedict XVI in 2009.
Dolan served as the president of the United S ...
, the archbishop of New York
The Archbishop of New York is the head of the Roman Catholic Archdiocese of New York, who is responsible for looking after its spiritual and administrative needs. As the archdiocese is the metropolitan bishop, metropolitan see of the ecclesiastic ...
and president of the United States Conference of Catholic Bishops
The United States Conference of Catholic Bishops (USCCB) is the episcopal conference of the Catholic Church in the United States. Founded in 1966 as the joint National Conference of Catholic Bishops (NCCB) and United States Catholic Conference (US ...
, stated that the provision "represents a challenge and a compromise of our religious liberty". The regulations issued under the act are also opposed by active Christian Evangelicals
Evangelicalism (), also called evangelical Christianity or evangelical Protestantism, is a worldwide Interdenominationalism, interdenominational movement within Protestantism, Protestant Christianity that affirms the centrality of being "bor ...
. Other organizations, such as Planned Parenthood
The Planned Parenthood Federation of America, Inc. (PPFA), or simply Planned Parenthood, is a nonprofit organization that provides reproductive health care in the United States and globally. It is a tax-exempt corporation under Internal Reve ...
, supported the provision.
Obama administration opt-out proposal
In response to the criticism, the Obama administration proposed changes under which birth control medication would be provided by the insurers without direct involvement by the religious organization. Regulations were issued on March 16, 2012 for employees of enterprises controlled by religious institutions which self insure. Further regulations were issued on March 16, 2012 which require coverage for students at institutions controlled by religious organizations which purchase insurance. It is believed by the federal government that it is not possible under current law to require contraceptive coverage for students at institutions controlled by religious organizations which self insure.
Response to opt-out regulations
The Catholic Health Association (CHA) accepted this compromise. Although initially more supportive, Sister Carol Keehan, CEO of the CHA, registered opposition in a five-page letter to the U.S. Department of Health and Human Services. The vice president of Catholic identity and mission at Mount St. Mary's University, Stuart Swetland, said, "It shows bama
Bama or BAMA may refer to:
Places
* Bama, shortened form of Alabama, a state of the United States of America
** The University of Alabama, the public university serving the state, often known as simply ''Bama''
* Bama, one of the colloquial Burm ...
and the administration are listening to our concerns", but reserved the right to "examine the details". However, the United States Conference of Catholic Bishops continued to oppose the regulation, saying that the regulation still requires Catholics in the insurance industry to violate their consciences. Catholic opinion is split with a ''The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
''/CBS News poll showing 57% support of the regulations among Catholic voters and about the same by non-Catholics.
In June 2013, the Tenth Circuit Court of Appeals
The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
* District of Colorado
* District of Kansas
* Distric ...
allowed a lawsuit against the mandate by arts and crafts retailer Hobby Lobby
Hobby Lobby Stores, Inc., formerly Hobby Lobby Creative Centers, is an American retail company. It owns a chain of arts and crafts stores with a volume of over $5 billion in 2018. The chain has 969 stores in 47 US states. Hobby Lobby is owned by ...
to proceed. The Green
Green is the color between cyan and yellow on the visible spectrum. It is evoked by light which has a dominant wavelength of roughly 495570 Nanometre, nm. In subtractive color systems, used in painting and color printing, it is created by ...
family objected to contraceptives which they believe may prevent implantation of a fertilized egg, which, according to pro-life
Anti-abortion movements, also self-styled as pro-life or abolitionist movements, are involved in the abortion debate advocating against the practice of abortion and its legality. Many anti-abortion movements began as countermovements in respons ...
advocacy organizations, include the emergency contraceptive
Emergency contraception (EC) is a birth control measure, used after sexual intercourse to prevent pregnancy.
There are different forms of EC. Emergency contraceptive pills (ECPs), sometimes simply referred to as emergency contraceptives (ECs), ...
s ''Plan B'' (levonorgestrel
Levonorgestrel is a hormonal medication which is used in a number of birth control methods. It is combined with an estrogen to make combination birth control pills. As an emergency birth control, sold under the brand name Plan B One-Step among ...
), ''ella'' (ulipristal acetate
Ulipristal acetate, sold under the brand name Ella among others, is a medication used for emergency contraception (birth control) and uterine fibroids. As emergency contraception it should be used within 120 hours of vaginally penetrating inter ...
), and copper IUD
Intrauterine device (IUD) with copper, also known as intrauterine coil or copper coil, is a type of intrauterine device which contains copper. It is used for birth control and emergency contraception within five days of unprotected sex. It is one ...
s. In July 2013, the Third Circuit
The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts:
* District of Delaware
* District of New Jersey
* Easte ...
denied a preliminary injunction requested by Conestoga Wood Specialties Corporation, a cabinet manufacturing company owned by a Mennonite
Mennonites are groups of Anabaptist Christian church communities of denominations. The name is derived from the founder of the movement, Menno Simons (1496–1561) of Friesland. Through his writings about Reformed Christianity during the Radic ...
family, requesting an exemption from the mandate on religious grounds. Both of these rulings were appealed to the Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
, which granted certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...
on the consolidated cases to resolve the split. Another decision by the Sixth Circuit
The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
* Eastern District of Kentucky
* Western District of K ...
in a similar case had been appealed to the Supreme Court, and was being held pending the court's decision in the other two cases.
As of January 2014, at least 28 states in the US have contraceptive mandates; however, 20 of them allow some exceptions; four of those attempt to bridge the gap by letting employees buy coverage at the group rate.
Supreme Court review
A number of challenges to the contraceptive mandate have been brought to the Supreme Court by different types of organizations.
Closely held for-profit corporations
On June 30, 2014, the Supreme Court ruled 5 to 4 in ''Burwell v. Hobby Lobby
''Burwell v. Hobby Lobby Stores, Inc.'', 573 U.S. 682 (2014), is a landmark decision in United States corporate law by the United States Supreme Court allowing privately held for-profit corporations to be exempt from a regulation its owners relig ...
'' that under the Religious Freedom Restoration Act
The Religious Freedom Restoration Act of 1993, Pub. L. No. 103-141, 107 Stat. 1488 (November 16, 1993), codified at through (also known as RFRA, pronounced "rifra"), is a 1993 United States federal law that "ensures that interests in religiou ...
(RFRA), closely held for-profit corporations are exempt from the contraceptive mandate, if they object on religious grounds, because the accommodation offered to objecting non-profits would be a less restrictive way to achieve the ACA's interest. Justice Anthony Kennedy, one of the majority justices, wrote in a concurring opinion that the government "makes the case that the mandate serves the Government's compelling interest in providing insurance coverage that is necessary to protect the health of female employees", but that the RFRA's least-restrictive way requirement was not met because "there is an existing, recognized, workable, and already-implemented framework to provide coverage", the non-profit accommodation.
Religious institutions
On February 15, 2012, ''Priests for Life v. HHS'' was filed in the U.S. District Court for the Eastern District of New York
The United States District Court for the Eastern District of New York (in case citations, E.D.N.Y.) is the federal district court whose territorial jurisdiction spans five counties in New York State: the four Long Island counties of Nassau, ...
challenging the constitutionality of the contraceptive mandate on behalf of Priests for Life
Priests for Life (PFL) is an anti-abortion organization based in Titusville, Florida. PFL functions as a network to promote and coordinate anti-abortion activism, especially among Roman Catholic priests and laymen, with the primary strategic goa ...
, a national Catholic pro-life
Anti-abortion movements, also self-styled as pro-life or abolitionist movements, are involved in the abortion debate advocating against the practice of abortion and its legality. Many anti-abortion movements began as countermovements in respons ...
organization that was based in New York City, but is now headquartered in Titusville, Florida
Titusville is a city in eastern Florida and the county seat of Brevard County, Florida, United States. The city's population was 43,761 as of the 2010 United States Census.
Titusville is located along the Indian River (Florida), Indian River, west ...
. The case was dismissed by U.S. District Court Judge Frederic Block
Frederic Block (born June 6, 1934) is a senior United States district judge of the United States District Court for the Eastern District of New York.
Education and career
Born in Brooklyn, New York, the Honorable Frederic Block received an Ar ...
for lack of ripeness because the new compromise regulations were not yet finalized. On November 6, 2015 the Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
decided to review the case combined with 6 other similar challenges to the contraceptive mandate. The case is titled ''Zubik v. Burwell
''Zubik v. Burwell'', 578 U.S. ___ (2016), was a case before the Supreme Court of the United States, United States Supreme Court on whether religious institutions other than churches should be exempt from the contraceptive mandate, a regulation a ...
'' and the six other challenges include ''Priests for Life
Priests for Life (PFL) is an anti-abortion organization based in Titusville, Florida. PFL functions as a network to promote and coordinate anti-abortion activism, especially among Roman Catholic priests and laymen, with the primary strategic goa ...
v. Burwell'', ''Southern Nazarene University v. Burwell
Southern may refer to:
Businesses
* China Southern Airlines, airline based in Guangzhou, China
* Southern Airways, defunct US airline
* Southern Air, air cargo transportation company based in Norwalk, Connecticut, US
* Southern Airways Express, ...
'', ''Geneva College v. Burwell
, neighboring_municipalities= Carouge, Chêne-Bougeries, Cologny, Lancy, Grand-Saconnex, Pregny-Chambésy, Vernier, Veyrier
, website = https://www.geneve.ch/
Geneva ( ; french: Genève ) frp, Genèva ; german: link=no, Genf ; it, Ginevra ; ...
'', ''Roman Catholic Archbishop of Washington v. Burwell
Roman or Romans most often refers to:
*Rome, the capital city of Italy
*Ancient Rome, Roman civilization from 8th century BC to 5th century AD
*Roman people, the people of ancient Rome
*'' Epistle to the Romans'', shortened to ''Romans'', a lette ...
'', ''East Texas Baptist University v. Burwell
East or Orient is one of the four cardinal directions or points of the compass. It is the opposite direction from west and is the direction from which the Sun rises on the Earth.
Etymology
As in other languages, the word is formed from the fac ...
'' and ''Little Sisters of the Poor
The Little Sisters of the Poor (french: Petites Sœurs des pauvres) is a Catholic religious institute for women. It was founded by Jeanne Jugan. Having felt the need to care for the many impoverished elderly who lined the streets of French towns ...
Home for the Aged v. Burwell''.
Due to the death of Justice Antonin Scalia
Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectu ...
before the case was decided, the Supreme Court was deadlocked on ''Zubik''. Instead of issuing a decision, it ordered the cases back to lower courts and ordered the HHS and other responsible departments to work with the parties to come up with new rules for exemptions for the mandate that took into account the parties' concerns. As part of this, by the end of 2016, an initial period of requests for input has been opened as part of the new rule-making procedure.
Trump administration change
Shortly after taking office, President Donald Trump
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021.
Trump graduated from the Wharton School of the University of Pe ...
issued Executive Order 13798, "Promoting Free Speech and Religious Liberty" in May 2017 to urge the departments responsible for the ACA to issue a conscience-based exemption for the contraceptive mandate as soon as possible. By October 2017, the HHS and other agencies issued a ruling letting insurers and employers refuse to provide birth control if doing so violates their religious beliefs or moral convictions.
Several states immediately challenged the new rules in multiple court cases, believing the rules bypassed the process that the Supreme Court has issued in ''Zubik''. In separate cases from the Third and Ninth Circuits, the rules were found to be in violation of the Administrative Procedure Act having been issued in an arbitrary and capricious
In law, the standard of review is the amount of deference given by one court (or some other appellate tribunal) in reviewing a decision of a lower court or tribunal. A low standard of review means that the decision under review will be varied or o ...
manner, and a nationwide injunction was placed on their enforcement. The injunction was challenged at the Supreme Court by the government in ''Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania''. There, in July 2020, the Court ruled in a 7–2 that the new rules were valid and put into place properly, lifting the injunction.
Reactions
More Democratic politicians favor these mandates than Republican politicians. Barbara Boxer
Barbara Sue Boxer (née Levy; born November 11, 1940) is an American politician and lobbyist who served in the United States Senate, representing California from 1993 to 2017. A member of the Democratic Party, she previously served as the U.S. ...
, Democratic Party Senator for California, and House Minority Leader
Party leaders of the United States House of Representatives, also known as floor leaders, are congresspeople who coordinate legislative initiatives and serve as the chief spokespersons for their parties on the House floor. These leaders are ele ...
Nancy Pelosi
Nancy Patricia Pelosi (; ; born March 26, 1940) is an American politician who has served as Speaker of the United States House of Representatives since 2019 and previously from 2007 to 2011. She has represented in the United States House of ...
favor the Obama policy.
Darrell Issa
Darrell Edward Issa ( ; born November 1, 1953) is an American businessman and politician who has served as the U.S. representative for California's 50th congressional district since 2021. A member of the Republican Party, he previously served i ...
, a Republican congressman from California, said that Americans are divided on this issue: "While some Americans may not feel that forcing them to pay for contraception are an infringement on their religious beliefs, others consider it to be an assault against their freedom of conscience
Freedom of thought (also called freedom of conscience) is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints.
Overview
Every person attempts to have a cognitive proficiency by ...
." Issa's February 2012 hearing on the matter was criticized for including only men from conservative religious institutions, and no women.
Framing the issue
Some people see the matter as primarily one of women's health
Women's health differs from that of men in many unique ways. Women's health is an example of population health, where health is defined by the World Health Organization as "a state of complete physical, mental and social well-being and not mer ...
, such as the National Women's Law Center
The National Women's Law Center (NWLC) is a United States non-profit organization founded by Marcia Greenberger in 1972 and based in Washington, D.C. The Center advocates for women's rights and LGBTQ rights through litigation and policy initiati ...
. Others see it as a matter of religious freedom
Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedom ...
.
Certain consumers of mandatory health insurance, such as students matriculated at colleges of further education, have criticized what they perceive to be discrimination in provision or in practice: employer-provided plans that cover University faculty and staff may be subject to legal mandates whereas plans that cover the student body may not. Sandra Fluke
Sandra Kay Fluke (, born April 17, 1981) is an American lawyer, women's rights activist, and representative to the Democratic Party of San Fernando Valley.
She first came to public attention when, in February 2012, Republican members of the Hou ...
was invited to present oral arguments on behalf of certain female student consumers dissatisfied with restrictions attached to registration for undergraduate and graduate attendance at Georgetown University School of Law.
See also
* (section Hearing on February 16, 2012)
*Rush Limbaugh–Sandra Fluke controversy
The Rush Limbaugh–Sandra Fluke controversy began on February 29, 2012, when American conservative talk-show host Rush Limbaugh's broadcast remarks about contraceptive mandates which included statements labeling Georgetown University Law Cente ...
*Title X
The Title X Family Planning Program is the only federal grant program dedicated to providing individuals with comprehensive family planning and related preventive health services. It was enacted under President Richard Nixon in 1970 as part of th ...
*Healthy People program
Healthy People is a program of a nationwide health-promotion and disease-prevention goals set by the United States Department of Health and Human Services. The goals were first set in 1979 "in response to an emerging consensus among scientists and ...
* Legal challenges to the Patient Protection and Affordable Care Act
* Sandra Fluke on Wikiquote
Further reading
* Rachel VanSickle-Ward and Kevin Wallsten. 2019. ''The Politics of the Pill: Gender, Framing, and Policymaking in the Battle over Birth Control''. Oxford University Press.
References
{{Birth control methods
Freedom of religion in the United States
Affordable Care Act
Birth control in the United States
Health insurance in the United States
Obama administration controversies
Social problems in medicine