The U.S. Supreme Court appeared divided on Trump admin. rules that would give employers more leeway in refusing to provide employees free birth control by citing religious or moral objections.
"The glaring feature of what the government has done in expanding this exemption is to toss to the winds entirely Congress's instruction that women need and shall have seamless, no-cost, comprehensive coverage. This leave the women to hunt for other government programs that might cover them."
Since Congress passed Obamacare in 2010, the issue of which employers can decline to include coverage for contraceptives in their health care plans has remained unresolved — and highly controversial. Houses of worship and their auxiliaries were originally given an exemption. Solicitor General Noel Francisco said many employers sincerely believe that any use of their health plans to provide contraceptive coverage — even if they are not directly involved in the process — makes them complicit in a violation of their religious beliefs. And he said a federal law, the Religious Freedom Restoration Act, gives the government the authority to act when a law would substantially burden religious beliefs.
In a 2014 case involving the Hobby Lobby stores, the Supreme Court said a private, religiously oriented, and closely held company could get an exemption from the contraceptive mandate on religious grounds. The Trump administration rule would expand the exemption and let even publicly held companies seek an exemption.
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