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Posts Tagged ‘corporate religious liberty’

Trump’s new rule allows employers to drop birth control coverage with no oversight

Friday, October 6th, 2017

New contraception rules outlined by the Trump administration will allow employers to stop covering birth control — with zero government oversight.

The administration announced on Friday that, effective immediately, it was rolling back federal requirements introduced under the Obama administration which require employers to include birth control in their health insurance plans. Under the new rules, employers can simply self-exempt, citing religious or moral objections, and tell their workers that their birth control is no longer part of their health-insurance coverage.

Those employers are not required to tell the government either, according to PBS NewsHour correspondent Lisa Desjardins. They need to notify the insurers, and can send an optional note to the government.

The new rules fulfill a key campaign promise the Trump administration made to social conservatives, who have continually voiced dissent with the Obama-era federal requirement and challenged it in court. House Speaker Paul Ryan (R-WI) said it was a “landmark day for religious liberty” and would ensure that people “can freely live out their religious convictions and moral beliefs.”

But the rules are deeply damaging to women’s reproductive health, and reflect a wider trend of the Trump administration attempting to dismantle women’s access to health care by opposing abortion rights and cutting grants aimed at tackling teen pregnancy.

“They like to talk about these policies in isolation,” Adam Sonfield of the Guttmacher Institute told ThinkProgress’ Amanda Gomez. “They are not just trying to undermine contraceptive coverage. They’ve tried to cut Title IX funding, Planned Parenthood funding… you have to see it as a coordinated campaign.”

The ACLU, along with the Center for Reproductive Rights, Americans United for Separation of Church, and the state of California, have all said they intend to sue the Trump administration for denying birth control to women.

Conservatives have long insisted that the birth control rollbacks are designed to protect the religious liberty of groups who believe providing contraceptives would violate their moral beliefs. However, data provided by the Center for American Progress to Vox in August showed that the majority of the companies that had applied for and received exceptions were for-profit corporations. They included companies that worked in human resources, industrial machinery, and wholesale trade. (ThinkProgress is an editorially independent news site housed within CAP.)

According to Jamila Taylor, a senior fellow at CAP, the rules suggested Trump’s rollbacks “will open up the floodgates for nearly anyone to force women to pay out of pocket or navigate hurdles to obtaining additional cost for contraception… and simply chalk it up to moral opposition.”

About the Author: Luke Barnes is a reporter at ThinkProgress. He previously worked at MailOnline in the U.K., where he was sent to cover Belfast, Northern Ireland and Glasgow, Scotland. He graduated in 2015 from Columbia University with a degree in Political Science. He has also interned at Talking Points Memo, the Santa Cruz Sentinel and Narratively.

Corbin with Two Pieces on Corporate Religious Liberty

Monday, February 10th, 2014

Paul SecundaCaroline Mala Corbin (University of Miami School of Law) has recently posted two papers on SSRN discussing her thoughts on corporate religious liberties.  The first apears in the American Constitution Society Issue Brieff for January 2014 and is entitled: Corporate Religious Liberty: Why Corporations Are Not Entitled to Religious Exemptions.

Here is the abstract:

One of the main questions before the Supreme Court in Sebelius v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. v. Sebelius is whether large for-profit corporations are entitled to religious exemptions under the Free Exercise Clause or the Religious Freedom Restoration Act. In particular, the plaintiffs seek religious exemptions from the Affordable Care Act’s so-called “contraception mandate.”

This is an entirely novel claim. It is also without merit. The Free Exercise Clause and the Religious Freedom Restoration Act protect the religious practices of individuals and churches. They do not, and should not, extend to the for-profit corporate form for at least three reasons. First, corporate religious liberty makes no sense as free exercise is understood to (a) protect an individual’s relationship with the divine and (b) respect the inherent dignity of the individual. Furthermore, Citizens United v. Federal Election Commission provides no theoretical foundation for corporate religious liberty: The justifications for extending free speech protection to for-profit corporations do not translate into the free exercise context. Second, there is no precedent for the claim that for-profit corporations are entitled to religious liberty exemptions; on the contrary, precedent points in the other direction. Third, recognizing corporate religious liberty will benefit employers at the expense of their employees, who risk losing protection of the employment laws as well as their own free exercise rights.

The second (longer) piece is entitled: Corporate Religious Liberty.

Here is the abstract:

Do for-profit corporations have a right to religious liberty? This question is front and center in two cases before the Supreme Court challenging the Affordable Care Act’s “contraception mandate.” Whether for-profit corporations are entitled to religious exemptions is a question of first impression. Most scholars writing on this issue argue that for-profit corporations do have the right to religious liberty, especially after the Supreme Court recognized that for-profit corporations have the right to free speech in Citizens United.

This essay argues that for-profit corporations should not – and do not – have religious liberty rights. First, there is no principled basis for granting religious liberty exemptions to for-profit corporations. For-profit corporations do not possess the inherently human characteristics that justify religious exemptions for individuals. For-profit corporations also lack the unique qualities that justify exemptions for churches. Citizens United fails to provide a justification as its protection for corporate speech is based on the rights of audiences and not the rights of corporate speakers. Second, as a matter of current law, neither the Free Exercise Clause nor the Religious Freedom Restoration Act recognizes the religious rights of for-profit corporations. Finally, corporate religious liberty risks trampling on the employment rights and religious liberty of individual employees.

Two very interesting reads on a hot current legal topic that could have a large impact on the workplace. Check them out!

This article was originally printed on Workplace Prof Blog on January 28, 2014.  Reprinted with permission.

About the Author: Paul Secunda is a professor of law at Marquette University Law School.  Professor Secunda is the author of nearly three dozen books, treatises, articles, and shorter writings. He co-authored the treatise Understanding Employment Law and the case book Global Issues in Employee Benefits Law.  Professor Secunda is a frequent commentator on labor and employment law issues in the national media.  He co-edits with Rick Bales and Jeffrey Hirsch the Workplace Prof Blog, recently named one of the top law professor blogs in the country.

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