As new federal regulations reportedly are imminent that would gut the Affordable Care Act (ACA) requirement that most health insurance plans cover contraceptives, two Trump administration attorneys who fought for employers to be able to cite religious beliefs as justification to deny women access to vital healthcare have been in the news recently.
The Trump Administration Had A Busy Week of Cozying Up To Religious Right Leaders
In today's Wall of Separation blog post, Americans United Legislative Assistant Director Dena Sher outlined the steps the Trump administration and its allies took against church-state separation last week, including US Attorney General Jeff Sessions' speech to Alliance Defending Freedom.
AU Supports Mississippians Challenging Discriminatory HB 1523, A So-called “Religious Freedom” Law
Americans United Supports Mississippians Fighting Discriminatory HB 1523 “Religious Freedom” Law
Do No Harm Act: Preserving Religious Freedom And Protecting People From Harm
Americans United Welcomes Introduction Of Do No Harm Act
AU To Federal Court (Again): Trump's Leaked Contraception Rule Threatens Women's Access To Vital Healthcare
One month after filing our objections in court to the Trump administration’s leaked draft rule that would gut the Affordable Care Act’s requirement that most health insurance plans cover contraceptives, we repeated our warning: Women, including the students we represent, would be seriously harmed by the new regulations. Under the draft Trump rule, any employer or university, even for-profit corporations, could use religion as an excuse to completely deny their employees and students contraceptive coverage.
A Colorado Case Gives The Supreme Court An Opportunity To Say That Businesses Can’t Use Religion As An Excuse To Discriminate
Monday was the two-year anniversary of the U.S. Supreme Court decision in Obergefell v. Hodges, the landmark case in which the high court recognized the rights of same-sex couples to marry. The Supreme Court chose that anniversary to announce it will review Masterpiece Cakeshop v. Colorado Civil Rights Commission, the case of a Colorado baker who refused to provide a wedding cake to a same-sex couple.
Supreme Court Accepts Case That Could Have Major Consequences For Religious Freedom And LGBTQ Rights
The high court has agreed to hear Masterpiece Cakeshop v. Colorado Civil Rights Commission during its next term, which begins in October. The case deals with a bakery in Lakewood, Colorado, that refuses to make cakes for the weddings of LGBTQ couples, citing the owner’s religious beliefs as justification for the refusal.
Supreme Court Should Use Masterpiece Cakeshop To Assert That Religious Freedom Is Not The Right To Discriminate
For Focus On The Family, The Focus Remains On Far-Right Politics
Vice President Mike Pence will be in Colorado Springs this Friday speaking at an event to mark the 40th anniversary of Focus on the Family (FOF), the fundamentalist Christian family ministry and Religious Right group founded by Dr. James C. Dobson, a child psychologist.
Taxpayer-Funded Child Welfare Agencies Can Now Use Religion To Discriminate In Texas
During Pride Month And Every Month, AU Stands With The LGBTQ Community
June marks Pride Month, a month dedicated to celebrating the strides made toward LGBTQ equality and the many LGBTQ activists that fought to achieve them. This Pride Month and every month, Americans United is proud to stand with our LGBTQ neighbors and oppose discrimination in the name of religion.
Supreme Court Risks Pensions And Retirement Funds Of Employees At Religiously Affiliated Hospitals
Supreme Court’s Decision In Religiously Affiliated Hospital Pension Cases Endangers Hundreds Of Thousands Of Workers, Says Americans United
AU Tells Federal Court: Trump’s Leaked Contraception Rule Would Harm Women
From AU's Wall of Separation blog:
Late Thursday, Americans United told a federal appeals court that women would be severely harmed by the Trump administration’s proposed change to the current requirement that health insurance cover contraceptives, a change that would allow employers and universities to use religion as an excuse to deny contraceptive coverage completely.
Just as religious freedom is a fundamental American value, so is being able to make your own choices about healthcare. Decisions about women’s health should be left to women—not to politicians or employers.
But President Donald J. Trump, his Health and Human Services Secretary Tom Price and others in his administration want to give bosses the right to insert themselves into the private healthcare decisions of their employees, and misuse the concept of religious freedom to justify this invasion.
The proposed regulation, initiated by Trump’s May 4 executive order, would allow any employers to cite religious – or even “moral” – objections to opt out of the Affordable Care Act (ACA) provision that requires health-insurance plans to cover birth control with no co-pay. There’s no back-up plan. Under the Trump proposal, if the boss declines to cover contraceptives, the cost shifts to employees and students. (For more details on the Trump plan, read our analysis at our Protect Thy Neighbor project.)
“Using religion as an excuse to jeopardize women's access to basic healthcare is discrimination, plain and simple,” Richard B. Katskee, AU’s legal director, said in response to the Trump proposal. “If the rule is made final, we will fight it at every turn.”
In fact, AU has already begun fighting it: We filed our objections to the proposed rule with the 7th U.S. Circuit Court of Appeals yesterday, describing how the proposal – or any rule change that doesn’t provide affordable, seamless access to necessary healthcare—will harm women.
AU represents students in the case University of Notre Dame v. Price. These are the only women at risk of losing birth control coverage who are parties to the ongoing lawsuits filed in response to the ACA’s contraceptive-coverage provision.
The Obama administration had created an accommodation for non-profits with religious objections (and since expanded it to for-profit companies following the U.S. Supreme Court’s Hobby Lobby decision). Under this accommodation, organizations need only complete a short form to opt out of providing contraception coverage, and the government will work with third-party insurers to provide the coverage at no cost to the affected women.
But attacks on contraception coverage persisted in ongoing litigation as some organizations argued that merely requesting the opt-out violates their religious freedom.
These cases, including Notre Dame v. Price, have remained in limbo since the U.S. Supreme Court returned them to the lower courts in May 2016. AU and the other parties in our case were required to file status updates yesterday with the 7th Circuit.
AU’s report told the court that the Trump administration’s proposed change “would modify the religious accommodation at issue here in just the way that the government previously reported could not be done without depriving women like (our clients) of access to essential health services.”
That result would violate the First Amendment’s church-state provisions, which forbid “religious exemptions or accommodations from generally applicable laws that would have a ‘detrimental effect on any third party.’”
AU will continue to make it clear that religion cannot be used as an excuse to discriminate against women in their healthcare coverage.
Stay tuned—we’ll keep you posted on what happens with Trump’s proposal, this lawsuit and all of our Protect Thy Neighbor work to stop those who would misuse religious freedom as an excuse to harm others.
Contraception Deception: Falsehoods The Trump Administration Relies On To Justify A Rule That Would Deny Millions Of Women Access To Essential Healthcare
We dive a little deeper into the Trump administration's new contraception coverage rule to expose the falsehoods that the administration is relying on in order to take away contraception coverage from millions of American women under the guise of religious freedom. As you’ll see, in its justification for the new rule, the Trump administration engages in a factual and legal analysis that ranges from misleading to flat-out false.
Trump Administration To Issue Unprecedented New Regulations That Would Let Bosses Deny Women Access To Contraception
Today, the Trump administration confirmed what was leaked yesterday: It plans to issue a new regulation that could result in millions of women across the country losing access to contraception and allow bosses to make personal health care decisions for their female employees.