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    Will Obama's Compromise Over Contraception Law Satisfy Critics?

    By Lylah M. Alphonse, Senior Editor, Yahoo! Shine | Healthy Living – Sat, Feb 11, 2012 1:15 PM EST

    President Barack Obama and Health and Human Services Secretary Kathleen Sebelius announce the revamp of policy requiring religious institutions to pay for birth control. (AP Photo/Pablo Martinez Monsivais)President Barack Obama and Health and Human Services Secretary Kathleen Sebelius announce the revamp of policy …In spite of a revised rule announced Friday that would allow non-religious institutions that are run by religious organizations to avoid providing or paying for their employees' contraception, some Congressional Republicans insist that the Obama administration is still violating religious freedoms by mandating that prescription birth control be made available without a co-payment.

    "This ObamaCare rule still tramples on Americans' First Amendment right to freedom of religion," Republican Representative Jim Jordan of Ohio said in a written statement. "It's a fig leaf, not a compromise. Whether they are affiliated with a church or not, employers will still be forced to pay an insurance company for coverage that includes abortion-inducing drugs."

    Catholic church leaders have insisted that they would never go along with the law, but they'd never have to: Churches and other places of worship have always been exempt from the mandate.

    According to the revised rule, religious charities, hospitals, universities, and other institutions will be able to offer their employees a health care plan that does not include contraception; insurance companies instead will be required to offer those employees contraception coverage directly and without a co-pay, bypassing their employers. It's a change from the decision made in January, which gave these types of organizations a year to comply with that provision in the Affordable Care Act.

    "The result will be that religious organizations won't have to pay for these services, and no religious institution will have to provide these services directly," President Barack Obama said in a press conference. "Religious liberty will be protected and a law that requires free preventative care will not discriminate against women."



    Republican Representative Fred Upton of Michigan told CNN that Friday's announcement "simply pretends to shift costs away from religious employers, but it doesn't fix the problem and is another call for individuals and institutions to compromise on principle." He still wants Congress to eliminate the law entirely, something that Republican House Speaker John Boehner had vowed to work toward earlier this week.

    "The administration has simply reaffirmed that congressional action to permanently reverse this mandate is necessary," Upton said.

    At the Conservative Political Action conference on Friday, GOP presidential candidate Rick Santorum said the decision is "not about contraception. It's about economic liberty. It's about freedom of speech. It's about freedom of religion. It's about government control of your lives. And it's got to stop."

    "This is not a women's rights issue," insisted New Hampshire Republican Senator Kelly Ayotte earlier this week. "This is a religious liberty issue."

    Whatever the issue is, it is not a new one.

    The federal government has required non-religious institutions run by religious groups to offer birth control coverage since December 2000, and 28 states already have laws on the books requiring the same. In fact, the Department of Health and Human Services modeled their "new" mandate on those existing laws; the only change made by the Obama administration was to require that the co-payment be eliminated.

    "Now millions more women and families are going to have access to essential health care coverage at a cost that they can afford," Sarah Lipton-Lubet, policy counsel with the ACLU, told National Public Radio. "But as a legal matter, a constitutional matter, it's completely unremarkable."

    As before, churches and other places of worship are still exempt under the revised the law. But hospitals, charities, universities, and other institutions run by religious groups have to comply, because they serve and employ people of different faiths.

    "When a religious organization chooses to hire nonbelievers, it must, at least to some degree, be prepared to accept neutral regulations imposed to protect those employees' legitimate interests in doing what their own beliefs permit," New York Supreme Court justices ruled in 2006, after Catholic Charities and other religious groups claimed that the state's contraceptive law discriminated against them.

    Though some politicians have vowed to continue to work to rescind the rule and religious leaders seemed to reserve judgement about the decision, a key Catholic group praised the administration for the revision.

    "The Catholic Health Association is very pleased with the White House announcement that a resolution has been reached that protects the religious liberty and conscience rights of Catholic institutions," Sister Carol Keehan, Director and CEO of the Catholic Health Association, said in a statement. "The framework developed has responded to the issues we identified that needed to be fixed. We are pleased and grateful that the religious liberty and conscience protection needs of so many ministries that serve our country were appreciated enough that an early resolution of this issue was accomplished. "

    According to senior officials in the Obama administration, the revision was crafted to satisfy two core requirements: That women who want or access to prescription birth control or who need it to treat medical issues, such as endometriosis, will be able to get it free of charge, and that religious employers who object to contraception for moral reasons will not have to provide it, refer women to it, or pay for it.

    "Whether you're a teacher, or a small businesswoman, or a nurse, or a janitor, no woman's health should depend on who she is or where she works or how much money she makes," Obama said. With the new rule in place, "Religious liberty will be protected, and a law that requires free preventive care will not discriminate against women."

    Copyright © 2012 Yahoo Inc.




    Also on Shine:

    Romney on birth control decision: It's wrong for Obama in 2012, but right for Romney in 2005?
    Susan G. Komen and Planned Parenthood: Why the controversy will continue
    Prescription birth control to be covered without a co-payment: What that really means for you

     

    79 comments

    • FUSA
      FUSA  •  New York, New York  •  1 month 25 days ago
      Don't see how other people not paying for your birth control is depriving you of medical
      treatment. Anyone can get a prescription from their doctor , go to the pharmacy, and buy the
      pill. A lot of things for one's personal use are not covered by health insurance ,or paid for out
      of someone else's pocket. If you can get a health plan to cover it, great. But that's a private
      business transaction. There are no free items. Why should everyone else pay for your
      personal use item. We all pay co-payments for medicine that is actually saving lives. You're
      just having some fun with your boyfriend that neither one of you wants to really be responsible for. The real issue here is a Marxist central government running our lives as
      envisioned by Obama, who clearly doesn't like anything America stands for, and doesn't
      really like a large number of Americans. You can guess who they are by attending the church he went to for 20 years.
      • Cassindia1987
        Cassindia1987 1 day 19 hours ago
        Not all women are on birth control for the sole purpose of preventing pregnancy. Some women have ovarian cysts which are extremely painful and in some cases require surgery to remove. Birth control can regulate hormones that will help prevent these cysts from forming. Also there is dismenyrria which is unbearable cramps and extremely heavy menstrual periods. Birth control can also fix this problem. I know because I was put on birth control in high school because I had to miss 4 and 5 days of school every month because I was curled up next to the toilet because I was in so much pain that moving would cause me to vomit. Being put on birth control was the best thing that could have happened to me, and allowed me to live a normal pain free life. I will never work for a religious organization because birth control is something that I actually need not just to prevent pregnancy, but for legitimate medical reasons too.
    • John L
      John L  •  Painesville, Ohio  •  3 months ago
      "In December 2000, the Equal Employment Opportunity Commission 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." It's the law!
    • Matt
      Matt  •  Indianapolis, Indiana  •  3 months ago
      Reynolds v. United States - Although religious exercise is generally protected under the First Amendment, this does not prevent the government from passing neutral laws that incidentally impact certain religious practices.
      The establishment clause is "The First Amendment provision that prohibits the federal and state governments from establishing an official religion, or from favoring or disfavoring one view of religion over another."
      Griswold v. Connecticut - The Supreme Court ruled that the Constitution protected the right to privacy. The case involved a law in Connecticut that prohibited the use of contraceptives. The Supreme Court invalidated the law.
    • Laura
      Laura  •  3 months ago
      Unless these Catholic hospitals are insuring their employees with some special religiously-affiliated insurance company, they are probably using one of the major health insurers. While they may not offer coverage for contraception, abortion, or elective sterilization under a particular PLAN (which Catholic hospitals might choose), pretty much all of the companies offer coverage for these procedures under other plans. I'm pretty sure insurance companies don't separate the premiums paid based on every possible religious or moral objection. So really, while the Catholics may be able to keep their employees from being covered for these things, they're basically still paying for everyone else's abortions and birth control.
      • Melinda
        Melinda 3 months ago
        Well said!! Thank you, that's what people are missing in this whole debate, if you have insurance, regardless of religious exclusion, the insurance companies put all those premiums in one pot, so you are paying for abortions and birth control ANYWAY!!
      • Calonlan
        Calonlan 3 months ago
        What you have forgotten is the charity aspect of the Catholic hospitals - the major catholic health care entity in Texas last year gave away 153plus million dollars in free care - and you are quite wrong about the insurers who are strictly regulated - The company I just mentioned uses management companies which are well-known buy they are managing self-insured funds which are the basis of the coverage - supplemented by comparitively small shared costs by the employees.
        There is no single "pot" that all the money goes into.
    • FasterThanSnow
      FasterThanSnow  •  Indianapolis, Indiana  •  3 months ago
      Premiums go up again for everyone.
      • ncal
        ncal 3 months ago
        Contraceptive care is a billion dollar cost-cutting measure for the healthcare insurance industry.
      • GCL
        GCL 3 months ago
        Trading rights for money...typical liberal.
      • getgoing
        getgoing 3 months ago
        They will continue to go up anyway until healthcare isn't profit driven. BTW: insurers would rather pay for contraception than maternity care.
    • Stir Fry
      Stir Fry  •  Newburgh, New York  •  3 months ago
      This and the gay marriage issue are nothing more than smokescreens to deflect you from the real issues and you sheep are falling for it again!
      These issues will probably not affect the vast majority of people in this country so who cares?
      Try staying focused on the crappy economy where the price of everything continues to rise but your wages if you are lucky enough to still be working. The powderkeg in the Middle East and illegal immigration. those issues will affect your life a lot more than this nonsense. If you get layed off and are paying 6 dollars a gallon for gas this summer maybe the light bulb in your head will go on. Those a the real issues and NOBODY is doing anything anything about them. Remember, the media and their masters control what is news and what isn't.
      • Sa
        Sa 3 months ago
        The economy is slowly but surely getting better, at least where i live it wasn't as bad compared to other areas in the nation or world

        we need to get off the depenence of gas so we would have to deal with the middle east.

        poeple also need to learn to live with in thier means here. that's that strted this "recession" and the great depression was the worest, then you were on you own, here at least you can try and get goverment help, you don't have to worry if you grow enough food.
      • Switchrat
        Switchrat 3 months ago
        No one's doing anything about anything, really. Just because we scream louder about one thing doesn't mean we'll have any greater effect. And as for not affecting the vast majority of people in this country, millions of people are gay and millions more are on birth control or want to have abortions, so... point invalid
    • sidartha
      sidartha  •  Manila, Philippines  •  3 months ago
      Should all employers be able to deny their employees some medicine or procedure because it violates their religious beliefs? If your boss is a Jehovah Witness then you can' t get a blood transfusion?
    • Mary B.
      Mary B.  •  Poplar Grove, Illinois  •  3 months ago
      It is simply amazing to me how many posts here do not understand what this story is about & what it's not about. This is about the potus violating the constitution of the united states. It is not about contraception or free contraceptives. Also, stop quoting that 99% of women are on birth control - where is the proof of that? Or are you just copying other people's posts. Also, watch out when you attach the Catholic church, your religion will be next. And also, where is it written, anywhere, that you folks have a "right" to free birth control. Excuse me, if you want to &*$#, pay for your own, or keep your legs together (that doesn't cost anything). I, for one, have no desire to see my insurance policy go up in order to pay for your birth control. Just like I'm sure you don't want to pay for any of my medications. Wise up youngsters! Your ignorance of the issues are why this country is in the mess its in. If you don't have an adequate command of the issues, stay away from the polls in November. At least then, the rest of us may be able to fix what you broke by voting this pos into office.
    • Voice of Reason
      Voice of Reason  •  3 months ago
      What or whom gives the president, or any elected offcial, the authority to dictate to insurance companies what services they can charge for and which they must give away? Imagine you're a small business owner. One day several federal agents show up at your store with a message from the White House.
      "Effective immediately," they say, "you must give away 10% of your inventory to a list of people on a goverment approved list."
      If this isn't socialism, then what is? Obama has once again
      brazenly over-stepped his authority with legislative consent.
      Consider this. This time it was the insurance companies. Next time, it could be you.
    • Sa
      Sa  •  Evansville, Indiana  •  3 months ago
      I honestly don't get it.

      What is the religous view on woman who may need birth control for medical reason? We all know there are those cases, due to heavy menstral cycle to the point of aniema

      There is the churches religous beifes and then thier are the empyolees person belifes, i can under stadn the church not wanting to pay for it but there should be no problem

      I rather pay for a woman to be on birth control then an abortion

      wonder what this debate will be like when the male pill form of birth control is avaiable for the public
    • Troy
      Troy  •  3 months ago
      It is now obvious that this man does not belong in the whitehouse. Does anyone remember that kook pelosi saying we will just have to wait and see what in the socialist health bill. Now you know that the best way to tell what someone believes is watching what they do.
    • NeilM
      NeilM  •  Las Vegas, Nevada  •  3 months ago
      More free stuff from the nanny Federal gov't, but is it really free? Wait until the insurance companies raise premiums on everyone to pay for the free stuff. DUH!
    • SDEater
      SDEater  •  3 months ago
      By attempting to please both sides, he's wound up pleasing no one. His fans will see him as waffling, and the Catholics will be wary of him from now on. Classic.
    • FasterThanSnow
      FasterThanSnow  •  Indianapolis, Indiana  •  3 months ago
      VIOLATION OF THE CONSTITUTION.
    • getgoing
      getgoing  •  3 months ago
      How about freedom FROM religion??
    • -
      -  •  3 months ago
      The Dems don't want to run on the past three year disaster, so here we go with abortions, contraception and screaming that Republicans hate women and want to take away women's rights. Yawn. I'm a woman and was brainwashed with that crap in my younger years so I can see right through it now.
    • T
      T  •  Sacramento, California  •  3 months ago
      Since WHEN does the President have the POWER to tell ANYONE (Catholics OR Insurance Companies) they HAVE to provide ANYTHING??!!! especially free!!! WHY isn't anyone talking (SCREAMING) about this?! Sorry about the caps but the President (govt.) does NOT have the authority/power to tell anyone they HAVE to provide something free! It's UNCONSTITUTIONAL! Remember? The CONSTITUTION dictates the LIMITATIONS on government & the PEOPLES' freedom! Hello?! Also if the govt. can GIVE you a right they can TAKE IT AWAY or tell you HOW to exercise it. Once you take their money THEY OWN YOU. That's the basic truth. PLEASE! Government stay out of my life (& body!)
    • Terrance
      Terrance  •  Livingston, New Jersey  •  3 months ago
      this idiot thinks he can do anything he wants . He is a one term idiot like Carter. Both were sooooo bad for the country.
    • rep
      rep  •  Boston, Massachusetts  •  3 months ago
      "We will have to pass the bill so we can see what's in it." How is that working out.
    • joyce
      joyce  •  Capitol Heights, Maryland  •  3 months ago
      How can Obama just change our laws.We have laws passed by the house and senate, is he our president or our dicator.What scares me is that he thinks he is our lord and master.
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