{"id":13364,"date":"2017-10-14T10:00:44","date_gmt":"2017-10-14T10:00:44","guid":{"rendered":"http:\/\/associatednews.us\/content\/2017\/10\/14\/new-rule-on-moral-objections-to-contraception-aimed-at-2-groups\/"},"modified":"2017-10-14T10:00:44","modified_gmt":"2017-10-14T10:00:44","slug":"new-rule-on-moral-objections-to-contraception-aimed-at-2-groups","status":"publish","type":"post","link":"https:\/\/associatednews.us\/content\/new-rule-on-moral-objections-to-contraception-aimed-at-2-groups\/","title":{"rendered":"New Rule On Moral Objections To Contraception Aimed At 2 Groups"},"content":{"rendered":"<p><span style=\"font-style:italic;font-size:16px\">By  <a class=\"colorbox\" href=\"http:\/\/www.npr.org\/sections\/health-shots\/2017\/10\/14\/557440491\/new-rule-on-moral-objections-to-contraception-aimed-at-2-groups?utm_medium=RSS&amp;utm_campaign=healthcare\">Julie Rovner<\/a><\/span>  <\/p>\n<div class=\"ftpimagefix\" style=\"float:left\"><a class=\"colorbox\" rel=\"nofollow\" href=\"http:\/\/www.npr.org\/sections\/health-shots\/2017\/10\/14\/557440491\/new-rule-on-moral-objections-to-contraception-aimed-at-2-groups?utm_medium=RSS&amp;utm_campaign=healthcare\"><img decoding=\"async\" width=\"150\" src=\"https:\/\/media.npr.org\/assets\/img\/2017\/10\/12\/march-for-life-1-b9d3cf089baaae3b8ca8d83bf805ef6ed42d9b1a-s1100-c15.jpg\" alt><\/p>\n<div><a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/media.npr.org\/assets\/img\/2017\/10\/12\/march-for-life-1-b9d3cf089baaae3b8ca8d83bf805ef6ed42d9b1a-s1200.jpg\"><\/a><\/div>\n<div>\n<div>\n<div><a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/media.npr.org\/assets\/img\/2017\/10\/12\/march-for-life-1-b9d3cf089baaae3b8ca8d83bf805ef6ed42d9b1a-s1200.jpg\">Enlarge this image<\/a><\/div>\n<\/div>\n<div>\n<div>\n<div>\n<p>\n                People in the March for Life near the National Mall in Washington, D.C., on Jan. 27.<\/p>\n<p>                <b><\/p>\n<p>                    Manuel Balce Ceneta\/AP<\/p>\n<p>                <\/b><b><b>hide caption<\/b><\/b><\/p>\n<\/div>\n<p><b><b>toggle caption<\/b><\/b><\/div>\n<p><span><\/p>\n<p>        Manuel Balce Ceneta\/AP<\/p>\n<p>    <\/span><\/div>\n<\/div>\n<p>Few people were surprised last week when the Trump administration issued a rule to make it easier for some religious employers to opt out of offering no-cost prescription birth control to their female employees under the Affordable Care Act.<\/p>\n<p>But a <a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/s3.amazonaws.com\/public-inspection.federalregister.gov\/2017-21852.pdf\">separate regulation<\/a> issued at the same time raised eyebrows. It creates a new exemption from the requirement that most employers offer contraceptive coverage. This one is for &#8220;non-religious organizations with sincerely held moral convictions inconsistent with providing coverage for some or all contraceptive services.&#8221;<\/p>\n<p>So what&#8217;s the difference between religious beliefs and moral convictions?<\/p>\n<p>&#8220;Theoretically, it would be someone who says &#8216;I don&#8217;t have a belief in God&#8217; but &#8216;I oppose contraception for reasons that have nothing to do with religion or God,&#8217; &#8221; says Mark Rienzi, a senior counsel for the <a class=\"colorbox\" rel=\"nofollow\" href=\"http:\/\/www.becketlaw.org\/\">Becket Fund for Religious Liberty<\/a>, which represented many of the organizations that sued the Obama administration over the contraceptive mandate.<\/p>\n<p>Nicholas Bagley, a law professor at the University of Michigan, says it would apply to &#8220;an organization that has strong moral convictions but does not associate itself with any particular religion.&#8221;<\/p>\n<aside>\n<div><\/div>\n<\/aside>\n<aside>\n<div><\/div>\n<\/aside>\n<p>What kind of an organization would that be? It turns out not to be such a mystery, Rienzi and Bagley agreed.<\/p>\n<p>Among the hundreds of organizations that sued over the mandate, two \u2014 the Washington, D.C.-based <a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/assets.documentcloud.org\/documents\/2303898\/march-for-life-opinion-leon.pdf\">March for Life<\/a> and the Pennsylvania-based <a class=\"colorbox\" rel=\"nofollow\" href=\"http:\/\/www2.ca3.uscourts.gov\/opinarch\/161275p.pdf\">Real Alternatives<\/a> \u2014 are anti-abortion groups that don&#8217;t qualify for religious exemptions. While their employees may be religious, the groups themselves are not.<\/p>\n<p>March for Life argued that the ACA requirement to cover all contraceptives approved by the Food and Drug Administration includes methods that prevent a fertilized egg from implanting in a woman&#8217;s uterus and therefore are a type of abortion. Real Alternatives opposes the use of all contraceptives.<\/p>\n<p>March for Life, which coordinates an annual abortion protest each year, won its suit before a federal district court judge in Washington, D.C.<\/p>\n<p>But a federal appeals court ruled in August that Real Alternatives, which offers counseling services to help women choose not to have an abortion, does not qualify as a religious entity and thus can&#8217;t claim the exemption. That decision cited a lower court ruling that &#8220;finding a singular moral objection to law on par with a religious objection could very well lead to a flood of similar objections.&#8221;<\/p>\n<p>The departments of Treasury, Labor and Health and Human Services, however, suggest that, at least in this case, that will not happen. The regulation issued by those departments says officials &#8220;assume the exemption will be used by nine nonprofit entities&#8221; and &#8220;nine for-profit entities.&#8221; Among the latter, it says, &#8220;we estimate that 15 women may incur contraceptive costs due to for-profit entities using the expanded exemption provided&#8221; in the rules.<\/p>\n<p>The regulation also seeks comments on whether the moral exemption should be extended to publicly traded firms.<\/p>\n<p>Rienzi agrees that the universe for the moral exemption is likely to be small. &#8220;The odds that anyone new is going to come up and say &#8216;Aha, I finally have my way out,&#8217; &#8221; he says, &#8220;is crazy.&#8221;<\/p>\n<p>Women&#8217;s health advocates, however, are not so sure.<\/p>\n<p>&#8220;The parameters of what constitutes a moral objection is unclear,&#8221; says Mara Gandal-Powers, senior counsel at the National Women&#8217;s Law Center, which is preparing to sue to stop both rules. &#8220;There is nothing in the regulatory language itself that says what a moral belief is that would rise to the level of making an organization eligible for the exemption.&#8221;<\/p>\n<p>Louise Melling, deputy legal director at the American Civil Liberties Union, which has already <a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/www.aclu.org\/news\/aclu-filing-lawsuit-challenging-trump-administration-contraceptive-coverage-rule\">filed a lawsuit<\/a>, agrees. &#8220;We don&#8217;t know how many other entities are out there that would assert a moral objection,&#8221; she says. &#8220;Not everybody wanted to file a suit,&#8221; particularly smaller organizations.<\/p>\n<p>All of that, however, presupposes that the rule laying out the moral objection exemption will stand up in court.<\/p>\n<p>Bagley says he&#8217;s doubtful. The legal arguments making the case for the exemption, he says, are &#8220;the kind of things that would be laughed out of a [first-year] class on statutory interpretation.&#8221;<\/p>\n<p>Specifically, he says, the rule lays out all the times Congress has included provisions in laws for moral objections. But rather than justifying the case, &#8220;it suggests that Congress knew a lot about how to craft a moral objection if it wanted to,&#8221; and it did not in the health law, he noted.<\/p>\n<p>Bagley says the fact that the moral exemption was laid out in a separate rule from the religious one demonstrates that the administration is concerned the former might not stand up to court proceedings. &#8220;The administration must sense this rule is on thin legal ice,&#8221; he says.<\/p>\n<p>Which leads to the question of why Trump officials even bothered doing a separate rule. Bagley says he thinks the act was more political than substantive. &#8220;The administration is doing something that signals to religious employers &#8230; that they are on their sides, that they have their backs.&#8221;<\/p>\n<div>\n<hr>\n<\/div>\n<p><a class=\"colorbox\" rel=\"nofollow\" href=\"http:\/\/khn.org\/\">Kaiser Health News<\/a>, <em>a nonprofit health newsroom, is an editorially independent part of the Kaiser Family Foundation. Follow Julie Rovner on Twitter: <\/em><a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/twitter.com\/jrovner\">@jrovner<\/a><\/p>\n<p><strong><a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/blockads.fivefilters.org\/\">Let&#8217;s block ads!<\/a><\/strong> <a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/blockads.fivefilters.org\/acceptable.html\">(Why?)<\/a><\/p>\n<p>Source:: <a href=\"http:\/\/www.npr.org\/sections\/health-shots\/2017\/10\/14\/557440491\/new-rule-on-moral-objections-to-contraception-aimed-at-2-groups?utm_medium=RSS&amp;utm_campaign=healthcare\" class=\"colorbox\" title=\"New Rule On Moral Objections To Contraception Aimed At 2 Groups\" rel=\"nofollow\">http:\/\/www.npr.org\/sections\/health-shots\/2017\/10\/14\/557440491\/new-rule-on-moral-objections-to-contraception-aimed-at-2-groups?utm_medium=RSS&amp;utm_campaign=healthcare<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<div class=\"ftpimagefix\" style=\"float:left\"><a class=\"colorbox\" rel=\"nofollow\" href=\"http:\/\/www.npr.org\/sections\/health-shots\/2017\/10\/14\/557440491\/new-rule-on-moral-objections-to-contraception-aimed-at-2-groups?utm_medium=RSS&amp;utm_campaign=healthcare\"><img decoding=\"async\" width=\"150\" src=\"https:\/\/media.npr.org\/assets\/img\/2017\/10\/12\/march-for-life-1-b9d3cf089baaae3b8ca8d83bf805ef6ed42d9b1a-s1100-c15.jpg\" alt><\/p>\n<div><a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/media.npr.org\/assets\/img\/2017\/10\/12\/march-for-life-1-b9d3cf089baaae3b8ca8d83bf805ef6ed42d9b1a-s1200.jpg\"><\/a><\/div>\n<div>\n<div>\n<div><a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/media.npr.org\/assets\/img\/2017\/10\/12\/march-for-life-1-b9d3cf089baaae3b8ca8d83bf805ef6ed42d9b1a-s1200.jpg\">Enlarge this image<\/a><\/div>\n<\/div>\n<div>\n<div>\n<div>\n<p>\n                People in the March for Life near the National Mall in Washington, D.C., on Jan. 27.<\/p>\n<p>                <b><\/p>\n<p>                    Manuel Balce Ceneta\/AP<\/p>\n<p>                <\/b><b><b>hide caption<\/b><\/b><\/p>\n<\/div>\n<p><b><b>toggle caption<\/b><\/b><\/div>\n<p><span><\/p>\n<p>        Manuel Balce Ceneta\/AP<\/p>\n<p>    <\/span><\/div>\n<\/div>\n<p>Few people were surprised last week when the Trump administration issued a rule to make it easier for some religious employers to opt out of offering no-cost prescription birth control to their female employees under the Affordable Care Act.<\/p>\n<p>But a <a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/s3.amazonaws.com\/public-inspection.federalregister.gov\/2017-21852.pdf\">separate regulation<\/a> issued at the same time raised eyebrows. It creates a new exemption from the requirement that most employers offer contraceptive coverage. This one is for &#8220;non-religious organizations with sincerely held moral convictions inconsistent with providing coverage for some or all contraceptive services.&#8221;<\/p>\n<p>So what&#8217;s the difference between religious beliefs and moral convictions?<\/p>\n<p>&#8220;Theoretically, it would be someone who says &#8216;I don&#8217;t have a belief in God&#8217; but &#8216;I oppose contraception for reasons that have nothing to do with religion or God,&#8217; &#8221; says Mark Rienzi, a senior counsel for the <a class=\"colorbox\" rel=\"nofollow\" href=\"http:\/\/www.becketlaw.org\/\">Becket Fund for Religious Liberty<\/a>, which represented many of the organizations that sued the Obama administration over the contraceptive mandate.<\/p>\n<p>Nicholas Bagley, a law professor at the University of Michigan, says it would apply to &#8220;an organization that has strong moral convictions but does not associate itself with any particular religion.&#8221;<\/p>\n<aside>\n<div><\/div>\n<\/aside>\n<aside>\n<div><\/div>\n<\/aside>\n<p>What kind of an organization would that be? It turns out not to be such a mystery, Rienzi and Bagley agreed.<\/p>\n<p>Among the hundreds of organizations that sued over the mandate, two \u2014 the Washington, D.C.-based <a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/assets.documentcloud.org\/documents\/2303898\/march-for-life-opinion-leon.pdf\">March for Life<\/a> and the Pennsylvania-based <a class=\"colorbox\" rel=\"nofollow\" href=\"http:\/\/www2.ca3.uscourts.gov\/opinarch\/161275p.pdf\">Real Alternatives<\/a> \u2014 are anti-abortion groups that don&#8217;t qualify for religious exemptions. While their employees may be religious, the groups themselves are not.<\/p>\n<p>March for Life argued that the ACA requirement to cover all contraceptives approved by the Food and Drug Administration includes methods that prevent a fertilized egg from implanting in a woman&#8217;s uterus and therefore are a type of abortion. Real Alternatives opposes the use of all contraceptives.<\/p>\n<p>March for Life, which coordinates an annual abortion protest each year, won its suit before a federal district court judge in Washington, D.C.<\/p>\n<p>But a federal appeals court ruled in August that Real Alternatives, which offers counseling services to help women choose not to have an abortion, does not qualify as a religious entity and thus can&#8217;t claim the exemption. That decision cited a lower court ruling that &#8220;finding a singular moral objection to law on par with a religious objection could very well lead to a flood of similar objections.&#8221;<\/p>\n<p>The departments of Treasury, Labor and Health and Human Services, however, suggest that, at least in this case, that will not happen. The regulation issued by those departments says officials &#8220;assume the exemption will be used by nine nonprofit entities&#8221; and &#8220;nine for-profit entities.&#8221; Among the latter, it says, &#8220;we estimate that 15 women may incur contraceptive costs due to for-profit entities using the expanded exemption provided&#8221; in the rules.<\/p>\n<p>The regulation also seeks comments on whether the moral exemption should be extended to publicly traded firms.<\/p>\n<p>Rienzi agrees that the universe for the moral exemption is likely to be small. &#8220;The odds that anyone new is going to come up and say &#8216;Aha, I finally have my way out,&#8217; &#8221; he says, &#8220;is crazy.&#8221;<\/p>\n<p>Women&#8217;s health advocates, however, are not so sure.<\/p>\n<p>&#8220;The parameters of what constitutes a moral objection is unclear,&#8221; says Mara Gandal-Powers, senior counsel at the National Women&#8217;s Law Center, which is preparing to sue to stop both rules. &#8220;There is nothing in the regulatory language itself that says what a moral belief is that would rise to the level of making an organization eligible for the exemption.&#8221;<\/p>\n<p>Louise Melling, deputy legal director at the American Civil Liberties Union, which has already <a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/www.aclu.org\/news\/aclu-filing-lawsuit-challenging-trump-administration-contraceptive-coverage-rule\">filed a lawsuit<\/a>, agrees. &#8220;We don&#8217;t know how many other entities are out there that would assert a moral objection,&#8221; she says. &#8220;Not everybody wanted to file a suit,&#8221; particularly smaller organizations.<\/p>\n<p>All of that, however, presupposes that the rule laying out the moral objection exemption will stand up in court.<\/p>\n<p>Bagley says he&#8217;s doubtful. The legal arguments making the case for the exemption, he says, are &#8220;the kind of things that would be laughed out of a [first-year] class on statutory interpretation.&#8221;<\/p>\n<p>Specifically, he says, the rule lays out all the times Congress has included provisions in laws for moral objections. But rather than justifying the case, &#8220;it suggests that Congress knew a lot about how to craft a moral objection if it wanted to,&#8221; and it did not in the health law, he noted.<\/p>\n<p>Bagley says the fact that the moral exemption was laid out in a separate rule from the religious one demonstrates that the administration is concerned the former might not stand up to court proceedings. &#8220;The administration must sense this rule is on thin legal ice,&#8221; he says.<\/p>\n<p>Which leads to the question of why Trump officials even bothered doing a separate rule. Bagley says he thinks the act was more political than substantive. &#8220;The administration is doing something that signals to religious employers &#8230; that they are on their sides, that they have their backs.&#8221;<\/p>\n<div>\n<hr>\n<\/div>\n<p><a class=\"colorbox\" rel=\"nofollow\" href=\"http:\/\/khn.org\/\">Kaiser Health News<\/a>, <em>a nonprofit health newsroom, is an editorially independent part of the Kaiser Family Foundation. Follow Julie Rovner on Twitter: <\/em><a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/twitter.com\/jrovner\">@jrovner<\/a><\/p>\n<p><strong><a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/blockads.fivefilters.org\/\">Let&#8217;s block ads!<\/a><\/strong> <a class=\"colorbox\" rel=\"nofollow\" href=\"https:\/\/blockads.fivefilters.org\/acceptable.html\">(Why?)<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[47],"tags":[],"class_list":["post-13364","post","type-post","status-publish","format-standard","hentry","category-health"],"_links":{"self":[{"href":"https:\/\/associatednews.us\/content\/wp-json\/wp\/v2\/posts\/13364","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/associatednews.us\/content\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/associatednews.us\/content\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/associatednews.us\/content\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/associatednews.us\/content\/wp-json\/wp\/v2\/comments?post=13364"}],"version-history":[{"count":0,"href":"https:\/\/associatednews.us\/content\/wp-json\/wp\/v2\/posts\/13364\/revisions"}],"wp:attachment":[{"href":"https:\/\/associatednews.us\/content\/wp-json\/wp\/v2\/media?parent=13364"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/associatednews.us\/content\/wp-json\/wp\/v2\/categories?post=13364"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/associatednews.us\/content\/wp-json\/wp\/v2\/tags?post=13364"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}