Paul Keenan
Act breaches religious freedoms
The United States Supreme Court has ruled that certain businesses cannot be forced to supply contraceptive and abortion coverage for employees.
In a 5-4 judgement on June 30, the court dealt a blow to the Obama administration’s Affordable Care Act and its Health and Human Services provision under which employers are required to make provision for insurance coverage including such elements as the morning-after pill, a provision anathema to faith-backed institutions and businesses which view that medication as abortion.
The successful action against the Act was taken by three such businesses: the retail giant Hobby Lobby, Conestoga Wood Specialties and a Christian bookseller, Mardel. The owners of the three argued that their First Amendment right on religious freedom was breached along with a number of federal laws guaranteeing their religious freedom.
The ruling is being viewed as especially important given that the Affordable Care Act had survived numerous previous challenges based on the religious dimension, but also because more cases, at least 49, are still to be heard, with judges set to be mindful of the June 30 move. (Two years ago, the Supreme Court found the Affordable Care Act to be constitutional.)
Distinction
Summing up the court’s decision, Justice Samuel Alito indicated that a reluctance by the nine-judge panel to draw a distinction between individuals and corporations had played a significant part.
“A corporation is simply a form of organisation used by human beings to achieve desired ends,” he stated. “And protecting the free-exercise rights of corporations like Hobby Lobby, Conestoga and Mardel protects the religious liberty of the humans who own and control those companies.”
