Tuesday, July 1, 2014

In a narrowly tailored 5-4 ruling, the Supreme Court June 30 said closely held companies may be exempted from a government requirement to include contraceptives in employee health insurance coverage under the Religious Freedom Restoration Act. The court said that Hobby Lobby and Conestoga Woods, the two family-run companies that objected to the government mandate that employees be covered for a range of contraceptives, including drugs considered to be abortifacients, are protected from the requirement of the Affordable Care Act. The opinion essentially held that for-profit companies may hold protected religious views. But the court also said that government requirements do not necessarily lose if they conflict with an employer's religious beliefs. The court noted that cases challenging the mandate for nonprofit entities, such as Catholic colleges and faith-based employers, are pending and that the June 30 ruling doesn't consider them. The decision also did not delve into whether the private employers have religiously motivated protection from laws under the First Amendment. It said the government failed to satisfy the requirement of RFRA, a 1993 law, that the least-restrictive means of accomplishing a government goal be followed to avoid imposing a restriction on religious expression. The majority opinion said the ruling applies only to the contraceptive mandate and should not be interpreted to hold that all insurance coverage mandates -- such as for blood transfusions or vaccinations -- necessarily fail if they conflict with an employers' religious beliefs.