Posted by:
steve benson
(
)
Date: March 26, 2014 04:46PM
Based on High Court precedent, the U.S. Justice Department's position invokes, among other things, standing case law for requiring Hobby Lobby to follow the mandates of the ACA:
" . . . [I]n 1990, . . . the Court ruled that as long as a generally applicable law — that is, a law that applies generally to all citizens — is neutrally applied, it is constitutional, even though it may have some unhappy consequences for some [religious] believers. . . .
"The government [argues] that when you are a commercial enterprise [as is the case with Hobby Lobby], you may have to make choices. Here, either provide the insurance or pay a fine and let your employees go to the health care exchange to buy insurance that may include public subsidies.
"The Justice Department cites as an example a Supreme Court decision involving an Amish cabinetmaker. He was required to pay Social Security taxes for his employees, even though he viewed such payments as against his religion and even though the Social Security law at the time had significant exemptions. . . .
" . . . [T]he government, not[es] that the Centers for Disease Control and Prevention says that the availability of contraception is a matter of public health 'necessity.' The government points to studies that have shown one-third of women would change their method of contraception if cost was not a factor and that the most effective methods are the most expensive. IUDs are 45 times more effective than the pill, given average use, and 90 times more effective than condoms. But IUDs are also the most expensive method, costing between $500 and $1,000 in one lump sum.
"The government also argues that requiring effective contraception and counseling in insurance plans is justified as a matter of gender equality.
"'For an employer to say, I will cover all the basic essential health needs for men, but I am picking and choosing for women, and I am simply going to take out contraception or specific forms of medically approved contraception, it is sex discrimination,' says Marsha Greenberger, co-president of the National Women's Law Center. It is sex discrimination, she argues, because such selectivity regarding an essential part of women's health care costs forces women to pay more for their care."
"The Hobby Lobby corporation and its owners counter that the simple answer to these arguments is to have the government pay for contraception.
"The government replies that is no answer. Otherwise, the government would end up paying for everything."
("Hobby Lobby Contraceptive Case Goes Before Supreme Court," by Nina Totenberg, 25 March 2014, at:
http://www.npr.org/2014/03/25/293956170/hobby-lobby-contraceptive-case-goes-before-supreme-court)
Edited 2 time(s). Last edit at 03/26/2014 04:49PM by steve benson.