Hill weighs in on Supreme Court contraception case
January 28, 2014
More than 90 House Democrats are asking the Supreme Court to uphold Obamacare's requirement that nearly all employers provide contraception in their employee health plans, even if the employer has a religious objection.
The justices will hear arguments March 25 in a case brought by two private companies that object to providing birth control in their employee health plans because of the owners' religious beliefs. Several groups of lawmakers on Tuesday filed arguments to the court, hoping to shape the outcome of the Affordable Care Act's second trip before the justices.
The lawmakers, including Minority Leader Nancy Pelosi, Whip Steny Hoyer, Reps. Diana DeGette, Louise Slaughter and 87 others, say government has a strong interest in ensuring all women have access to contraception, regardless of where they work.
"The importance of the contraceptive care requirement in serving the important governmental goals of public health and welfare, as well as gender equality, far outweighs whatever attenuated imposition this provision may place on any right to free exercise that the Corporations may possess.," they wrote to the Supreme Court on Tuesday.
They say that there isn't a significant burden on an employee's religious beliefs — at least not enough to warrant eliminating the requirement.
A key issue in the case is whether the Religious Freedom Restoration Act, which grants substantial religious-based rights, extends to corporations and the owners of businesses. A group of Republican lawmakers who supported the law say it does.
"The government is wrong," the lawmakers wrote in a separate "friend of the court" brief made public Monday.
The Religious Freedom Restoration Act "protects those engaged in commercial activity, such as hospitals and universities. And RFRA makes no distinction between those who engage in commercial activity in a non-profit corporate form or otherwise," the GOP lawmakers wrote.
The GOP brief is signed by several lawmakers who supported RFRA in 1993: Sens. Orrin Hatch, Mitch McConnell, Dan Coats, Thad Cochran, Mike Crapo, Chuck Grassley, Jim Inhofe, John McCain, Rob Portman, Pat Roberts and Richard Shelby and Reps. Bob Goodlatte, Chris Smith, Lamar Smith and Frank Wolf.
A group of 18 Democratic senators, led by Sen. Patty Murray (D-Wash.) also asked the court to uphold the law. Briefs in support of either side are due Tuesday, and dozens of legal, religious and women's rights groups are expected to weigh in.