Birth control ruling backs government stance with nonprofits

Hobby Lobby case supports the government’s position in separate, ongoing disputes with religious-oriented nonprofit organizations.
By MARK SHERMAN, Associated Press Published: July 3, 2014
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The Obama administration said Wednesday that the Supreme Court’s ruling in favor of the religious claims of Hobby Lobby and other for-profit businesses supports the government’s position in separate, ongoing disputes with religious-oriented nonprofit organizations.

The administration urged the justices to deny a request from evangelical Wheaton College in Illinois that the government says would block its students and employees from free access to emergency contraceptives. The Justice Department said the Hobby Lobby decision essentially endorses the accommodation the administration has made to faith-affiliated charities, hospitals and universities.

Wednesday’s court filing was the administration’s first legal response to the Supreme Court decision on Monday that allowed Oklahoma-based Hobby Lobby Inc. and other businesses to assert religious claims to avoid covering some or all contraceptives in employee health plans.

Houses of worship and other religious institutions whose primary purpose is to spread the faith are exempt from the requirement to offer birth control.

The issue in the lawsuits filed by Wheaton and other nonprofit groups is different because the administration already has allowed them to opt out of paying for the objectionable contraception by telling the government that doing so would violate their religious beliefs.

But they must fill out Form 700 that enables their insurers or third-party administrators to take on the responsibility of paying for the birth control. The employer does not have to arrange the coverage or pay for it. Insurers get reimbursed by the government through credits against fees owed under other provisions of the health care law.

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