Businesses can reject Obamacare birth control mandate in health coverage

supreme court contraception birth control obamacare hobby lobby health insurance
Anti-abortion demonstrators high five as the ruling for Hobby Lobby was announced outside the U.S. Supreme Court in Washington, D.C., on Monday.
Credit: Reuters

The U.S. Supreme Court on Monday ruled that business owners can object on religious grounds to a provision of President Barack Obama’s healthcare law that requires closely held private companies to provide health insurance that covers birth control.

In a 5-4 vote on ideological lines, the justices said that such companies can seek an exemption from the so-called birth control mandate of the law known as Obamacare. The decision, which applies only to companies owned by a small number of individuals, means employees of those companies will have to obtain certain forms of birth control from other sources.

In a majority opinion by conservative Justice Samuel Alito, the court said the ruling applies only to the birth control mandate and does not mean companies would necessarily succeed if they made similar claims to other insurance requirements, such as vaccinations and blood transfusions.

The justices ruled for the first time that for-profit companies can make claims under a 1993 federal law called the Religious Freedom Restoration Act.

The decision will affect similar cases brought by employers around the country. There are 49 cases in total, according to the Becket Fund for Religious Liberty. Religious institutions are already exempt from the requirement.

The company owners involved in litigation around the country do not all oppose every type of birth control. Some, including Hobby Lobby and Conestoga, object only to emergency contraceptive methods, such as Teva Pharmaceutical Industries Ltd’s Plan B morning-after pill, and ella, made by the Watson Pharma unit of Actavis PLC.



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