Religious Exemptions

Contraception is a core preventive health service for women, including bisexual women and lesbians, for treating endometriosis, related pelvic pain and other health problems as well as for preventing pregnancy. Coverage of all FDA-approved contraceptives was guaranteed by the Affordable Care Act.

Today, in a 5 to 4 decision, a majority of the United States Supreme Court held that family-owned businesses can refuse, based on their owners’ religious beliefs that their employees might not share, to pay for insurance coverage for contraception despite the requirements of the Affordable Care Act (ACA).

The provision in the current version of the Employment Non-Discrimination Act (ENDA) that allows religious organizations to discriminate based on sexual orientation and gender identity has long been a source of significant concern to us.

Fifty years ago, the Supreme Court upheld the right of individuals to access birth control despite the opposition of some religious sects. Since then, mainstream attitudes have changed. But fundamentalist religious views about reproductive health and sexuality still influence our politics and law.

The U.S. Supreme Court today ruled 5-4 that some for-profit companies can assert religious rights to block their employees’ access to group health plan coverage for FDA-approved contraception as required by the Patient Protection and Affordable Care Act (ACA).

Jennifer C. Pizer, Lambda Legal Senior Counsel and Director, Law and Policy Project, issued the following statement:

In its Citizens United ruling that corporations have free speech rights that can trump campaign finance laws, the U.S. Supreme Court essentially agreed with the worldview Mitt Romney espoused on the campaign trail: “Corporations are people, my friend.” We may soon feel further reverberations of that worldview.