Supreme Court halts contraception mandate for religious groups

[IDemo]

Source: NBC News

Supreme Court Justice Sonia Sotomayor granted a last-ditch plea from Catholic groups Tuesday night to block a birth control mandate in the new health care law for religious organizations, just hours before it was to have gone into effect.

The archdioceses of Washington, D.C., and Nashville, Tenn., the Catholic Conference of Michigan and several affiliated groups requested the emergency stay of provisions of the Affordable Care Act that would require companies — regardless of religious beliefs — to provide contraceptives and other abortion-inducing drugs to their employees.

The groups want the mandate halted while the court considers a legal challenge, brought by the for-profit company Hobby Lobby, arguing that the requirement violates their religious liberties.

"Tomorrow, a regulatory mandate will expose numerous Catholic organizations to draconian fines unless they abandon their religious convictions and take actions that facilitate access to abortion-inducing products, contraceptives, sterilization, and related education and counseling for their employees," the groups said in their request for a stay Tuesday.

Read more: http://usnews.nbcnews.com/_news/2013/12/31/22128010-supreme-court-halts-contraception-mandate-for-religious-groups?lite

[BumRushDaShow]

1. Also saw NYT Breaking from AP

Justice Blocks Contraception Mandate
By THE ASSOCIATED PRESS
Published: December 31, 2013

WASHINGTON — A Supreme Court justice has blocked implementation of portions of President Obama’s health care law that would have forced some religion-affiliated organizations to provide health insurance for employees that includes birth control coverage.

Justice Sonia Sotomayor’s decision came Tuesday night after a different effort by Catholic-affiliated groups from around the nation. Those groups rushed to the federal courts to stop Wednesday’s start of portions of the Affordable Care Act.

Justice Sotomayor acted on a request from an order of Catholic nuns in Colorado, whose request for a stay had been denied by the lower courts.

Justice Sotomayor is giving the government until Friday morning to respond to her decision.

http://www.nytimes.com/2014/01/01/us/politics/justice-sotomayor-blocks-contraception-mandate-in-health-law.html?hp&_r=0

[weissmam]

3. The RCC is not a force for good, and has caused more harm then any good they have ever done

[RKP5637]

52. They sure love persecution, seems the entire foundation of RCC is built on

persecution of someone.

[dflprincess]

4. The Church lost all credibility on this back (assuming it ever had any) in the 1970s

when Paul VI allowed missionary nuns in war zones to use the pill because of the risk of rape. This was after his encyclical on birth control and amounted to an admission that perhaps a pregnancy resulting from rape was not "God's will".

[AngryOldDem]

25. He also lost all credibility when he let bishops strong-arm him on the issue in the '60s.

The question of birth control was going to be revisited around the time of Vatican II but Paul got ganged-up on.

A lot of married, lay Catholics presented good, solid arguments as to why this doctrine is hurtful and senseless, and he was actually open to hearing them. But then the swarm descended. This is an issue the Church needs to revisit, but probably not anytime soon.

[warrant46]

54. They won't deal with this at all

Their power in developing countries depends on lots of ignorant peons dropping coins into the slot

[RainDog]

56. This is where the church is failing humanity

Overpopulation is one of the biggest issues facing the entire planet.

The ability to control the number of children a woman conceives is one of the biggest indicators of whether or not those women are able to achieve equality in their societies and earn money themselves that makes it possible for those women and the children they have to survive.

When your doctrine is harming the earth and half the population of the earth, maybe your doctrine needs to be revised to reflect reality. It's another one of those Galileo moments.

What the church is doing increases inequality, poverty, health problems, and environmental stress.

[theHandpuppet]

65. Succinct and well said.

[Tx4obama]

2. Looks like Justice Sotomayor is the only one working today (and Friday). Another case below

Dec 31, 9:25 PM EST

Utah asks Supreme Court to block same-sex unions

Associated Press

SALT LAKE CITY (AP) -- Utah took its fight against gay marriage to the U.S. Supreme Court on Tuesday, asking the high court to suspend same-sex unions that became legal when a judge struck down the state's voter-approved ban.

The heavily Mormon state wants the marriages to stop while it appeals a judge's decision, which said banning gay couples from marrying violates their right to equal treatment under the law.

In papers filed Tuesday, the state asked Justice Sonia Sotomayor to overturn a decision that has led to more than 900 gay marriages in Utah. Sotomayor handles emergency requests from Utah and other Rocky Mountain states.

Sotomayor responded by setting a deadline of by noon Friday for legal briefs from same-sex couples. She can act by herself or get the rest of the court involved.

-snip-

Full article here: http://hosted.ap.org/dynamic/stories/U/US_SUPREME_COURT_GAY_MARRIAGE?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2013-12-31-21-25-48

[24601]

5. I believe the cases went to her because the Justices have a division of effort based in which

circuit the case is originating. These were Colorado and Utah cases and both states are within the 10th circuit.

[Tx4obama]

7. Yes, she is assigned to the 10th Circuit, a list below. It's just strange she's in news twice today

Circuit / Justice
District of Columbia Circuit - Chief Justice Roberts
First Circuit - Justice Breyer
Second Circuit - Justice Ginsburg
Third Circuit - Justice Alito
Fourth Circuit - Chief Justice Roberts
Fifth Circuit - Justice Scalia
Sixth Circuit - Justice Kagan
Seventh Circuit - Justice Kagan
Eighth Circuit - Justice Alito
Ninth Circuit - Justice Kennedy
Tenth Circuit - Justice Sotomayor
Eleventh Circuit - Justice Thomas
Federal Circuit - Chief Justice Roberts

https://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States#Justices_as_Circuit_Justices

[civillawyer]

17. Yep.

[customerserviceguy]

6. All that

and she's got time to drop the ball in NYC. Surely, one of the hardest working Supreme Court Justices in recent memory.

[Tx4obama]

8. Yep. Looking forward to seeing her push the button :)

Happy New Year

[merh]

9. She should recuse herself.

She is a Catholic.

[The Velveteen Ocelot]

10. That's silly. So are the most right-wing members of the Court (Scalia, Roberts, Alito).

Anyhow, this was just a preliminary injunction or stay; it's merely procedural and would have probably been granted no matter who was making the decision.

[merh]

12. They all should recuse themselves if they are religious

why do the religious get to have their cases heard by the religious?

[hughee99]

60. Yes, and the atheists should recuse themselves as well,

since we all know they are biased against religion. Where are all the agnostics when you need them?

[theHandpuppet]

66. Let's not forget Clarence Thomas

Ugh!

[Drunken Irishman]

13. She should recuse herself because because she's a woman.

Obvious conflict of interest there.

[merh]

36. obviously your sarcasm is something your family appreciates

and no one else.

Never said what you posted and most certainly never implied it.

[Drunken Irishman]

46. You pretty much did.

Why is her religion an issue but not her gender?

[pnwmom]

16. Do you think the case should be decided by the three non-Catholics?

Should people of any other religion disqualify themselves, too, since Catholic groups are not the only religious orgs affected by the law?

[merh]

35. All non-religious

all religious justices should recuse themselves. Gosh, for that matter they should refuse to hear it as it is religion asking government to get involved in their religious practices.

[CANDO]

11. I don't get this religious liberties bullshit.

The Catholic Church chooses to operate as a business(hospitals, etc) as well as Hobby Lobby, and so they are not religious organizations, but businesses. Religion ceases to have any sway.

[cstanleytech]

20. The hospital thing is a bit of a grey area, if its a not for profit one then I suppose it would be

ok but I completely oppose allowing private companies engaged in seeking profit like Hobby Lobby from opting out.

[Ikonoklast]

44. Those hospitals take tax money. *Public* tax money.

Ask them to stop taking our tax money first, then they might have an argument.

[valerief]

31. Jesus had a motivational speaker gig, so, I guess, it's always been a business. nt

[warrant46]

58. Evil Businesses that allow child sexual exploitation

[MsPithy]

14. NO ONE IS FORCING THE BUSINESS OWNERS TO USE CONTRACEPTION!

If they want to be in business, they must obey the laws for business.

[Jackpine Radical]

26. The law permits the business wners to infringe upon

the civil liberties of their employees.

The fact is, the majority of American Catholics differ from the official Church position on BC and abortion.

[VanillaRhapsody]

51. Men even on DU will say to "calm down"

its sickening.

[Jackpine Radical]

61. I'm male, i'm on DU and I'm never calm about

gratuitous efforts by the powerful to enforce their will on those under their control.

[VanillaRhapsody]

63. Thank You Jackpine...I appreciate your support!

It restores my faith that there ARE some men that "get it".

[Squinch]

27. The end. This is the answer. They can choose not to have "hobby lobby" and they can

choose not to run hospitals, but if they are going to do either of those, they have to comply with the law of the land.

[freshwest]

15. Disappointing...

[Tx4obama]

18. It is only a temporary stay...

Up in Comment #1 it says...

"... Justice Sotomayor is giving the government until Friday morning to respond to her decision. ..."

[freshwest]

19. Her decision to block a law passed by Congress and the Senate and signed by Obama.

[Niceguy1]

21. as is their job...

Checks and balances...no surprisetit made it there...should be intresting

[freshwest]

22. It's not interesting to me. n/t

[rug]

48. That's pretty much what the Supreme Court does.

You know, decide challenges to laws passed by Congress and signed by Presidents.

[freshwest]

50. Obviously, rug. They also decide not to hear them, as well. Or deny or approve. EOM. n/t

[madrchsod]

40. do NOT confuse people with the facts!

my understanding is it`s about their insurance policy that is a self insured plan. under the separation of church and state it would seem to me if a religious entity is self insured they do have this right.

[blkmusclmachine]

23. A WIN for the rightwing. Thanks, SS.

[AngryOldDem]

24. Possibly stupid question here, but...

...why should my employer enforce its beliefs on me, if I am not a member of the employer's religion? If a job with the employer is the only option I have, and if I need contraceptive medication (and there are other uses for the pill than just contraception), I guess I just suck it up and pay for it out of pocket? Costs of medication can be "draconian" as well.

[Marrah_G]

29. Because the Pope knows what is best for you.

Or some bullshit like that.

[AngryOldDem]

32. I keep thinking of the old adage

Render unto Ceasar what is Ceasar's, render unto God what is God's.

Maybe these places just ought to hire people of like mind, and be like the Domino's pizza dude and go off and form their own community and leave the rest of us alone.

And they have the balls to continually say they're being "persecuted." They don't know the meaning of the word.

[Marrah_G]

28. This pisses me the hell off

I will just leave it at that.

[valerief]

30. This is a door-opener to all kinds of corporate demands.

This is terrible.

[Proud Liberal Dem]

33. Puzzling

I'm surprised at SS granting this stay. Of course, I don't get the whole problem with the contraception coverage mandate anyway. It's freakin' 2014 and THIS is what we are forced to debate? I'm getting really tired of having to constantly pander to the "needs" and sensibilities of old-time religions that not everybody is a part of anyway. This is why we can't have nice things in this country. Catholics want to help prevent/limit abortions. Seems like allowing more contraceptive coverage could play a useful role in that.

[Jim Lane]

57. Remember that it's just a temporary stay.

One standard for granting such a stay in federal court, IIRC (I'm almost always in state court these days), is that there's a fair question on the merits (i.e., neither side has an obviously ridiculous position), and there's a significant imbalance of hardships. Here, the argument probably was that if stay is denied and the appellants end up winning, then the hardship is that in the meantime they will have been unconstitutionally forced to act against their religious beliefs. On the other hand, if the stay is granted and the appellants end up losing, then the hardship is that some people will have to wait a little longer for insurance coverage for abortion or contraception or whatever else may be involved.

As to the first point, religious issues of this sort usually aren't as clear-cut as the DU consensus would make them seem. There are vast gray areas caused by the tension between two parts of the First Amendment: the Free Exercise Clause and the Establishment Clause. Under the former, the government can't compel people to do things that go against their religion. Under the latter, people with religious beliefs can't be given an exemption from laws that affect everyone else. Such exemptions are therefore both required and prohibited. Sotomayor wants this difficult decision to be made by the entire Court after full briefing and oral argument by both sides. I can't fault her for that, under the federal standards for granting a stay.

[warrior1]

34. tax the churches

[merh]

37. my sentiments

exactly - if they are going to politic, against the IRS statute which allows them tax exempt status, they should be taxed. They want the government to help them promote their religious doctrines then they should have to pay for the services.

[awoke_in_2003]

38. Can we now stop...

the daily pope fellating?

[Paula Sims]

39. Does anyone have any idea how the courts will lean on the Hobby Lobby ruling?

I can understand Sotomayor's decision to keep a level playing field "for now" but what about the final decision? When is that supposed to come down (has it even been taken up)?

The arguments against Hobby Lobby should be simple -- if a "religious group" believes that women shouldn't be paid more than $1 a day (and there are some that think THAT's generous) and can cite religious grounds, or not hire because of skin color or ethnicity or religion (we don't want no Catholics), does that trump federal law? That starts a slippery slope. ACA IS the law of the land are are fair wages and others. That should get to the heart of each member of the supreme court -- even Freddo...

The law is the law, it's constitutional, and people need to abide by it. Don't like it, elect those (and enough of them) to over-turn. And we need to keep electing MORE people to keep the law.

It's the elections -- stoopeeed. . .

[okaawhatever]

41. The title to the article should read: SC Halts contraception mandate for CORPORATIONS

Actual church groups ARE exempt. This is about corporations claiming the same religious freedom given to churches. Not the same thing.

[StoneCarver]

42. business is business, church is church

I know I've said this before- But if I start a business and belong to one of these religious groups, do I have to provide any medical insurance (for employees) other than prayer?

Faith groups which avoid conventional medical procedures:
The Body (a.k.a. "The Body of Christ&quot : This is a small Fundamentalist Christian faith group in Attleboro MA, consisting of several extended families living together in a commune.

Bible Readers Fellowship: This is a small, Evangelical Christian group in Florida. They shun medical treatment.

Church of the First Born: This group is mainly active in Colorado and Oklahoma. The sect promotes the use of prayer to heal; they do not believe in doctors or medicine.

End Time Ministries: They have lost several members in a number of states due to their exclusive belief in faith healing.

Faith Assembly: This is a fundamentalist faith group that shuns medical care in favor of prayer.

Faith Tabernacle Congregation: This is a Fundamentalist Christian congregation based in Philadelphia PA, which has "stations" from New Jersey to Africa. 5 It was founded in 1987 and currently has about 18,000 members. They teach their members to be consistent: to follow the will of God tenaciously as they see it. Some members practice this belief in the area of physical health.

http://www.religioustolerance.org/medical8.htm

[katmondoo]

43. Start asking men why they need Viagra and why insurance companies have to pay for it

[thesquanderer]

45. Does ACA require insurance companies to pay for Viagra? (n/t)

[Humanist_Activist]

49. This is a rather weak argument considering that most insurance doesn't cover ED medications...

unless its for a different, underlying, medical condition, and those that do cover them only cover like 3-5 pills a month.

[former9thward]

53. They should not pay for Viagra.

It is medical insurance -- not medical expenses. Insurance is supposed to cover large unexpected events not ordinary expenses. If you have Homeowners insurance you don't go running to the insurance company just because your drain gets plugged. Your post is why medical insurance is so out of control and expensive.

[humbled_opinion]

47. What is the real issue?

It seems that any church has the first ammendment right to fully discriminate against it's employees regardless of race, gender, etc... Hosana Tabor -V- Equal employment opportunity case was decided 9 zip in favor of allowing the church to have the first ammendment right to discriminate. Why would anyone believe that the same court would rule differently in regard to forcing the church to provide health coverage that offers contraception to their employees, which is a direct violation of the church's beliefs.

Now for my own education is a woman's contraception needs really that expensive that this small group affected by this provision cannot find another way to afford quality contraception? Can't the state just offer any women working for church groups free contraception or why doesn't Planned Parenthood just stand up and go on the record and tell any woman affected by this decision that they will offer free contraception, or Is this really about more than contraception?

[Lars39]

55. Contraception can be pricy *and* be for medical reasons,

and either usage should be none of your employers' business.

[Igel]

59. I suspect we're arguing in a semantic vacuum.

Given that we don't know the definitions of the words we're using, we're bandying about words and think they mean something when they're as meaningful as "arpil" or "frigulity".

Prescribe desogestrel/ethinyl estradiol and it's a couple of chemicals. Do you recognize it as something that can be used for birth control?

A pharmacist would know it has a variety of uses, all interrelated. It can be a birth control pill. It can also suppress the symptoms of endometriosis and allow for the endometriomas to be treated in other ways. It is what it is, but we usually name it for what it's used for. Then we think that's what the substance or object is, inherently. It's like saying a screwdriver can only be used to drive in screws. "Outside-the-box thinking" would allow it to punch a hole in a can of condensed milk or a person's cranium. Some uses are proscribed, some aren't; the same, I'm betting, for the sisters. It's not the substance, but the purpose.

The sister's object to "birth control pills." Not to "desogestrel/ethinyl estradiol". Don't use it for birth control and they're probably fine. Call them "birth control pills" and you're stating the use in the name. It's like selling a "thin, cylindrical flat-headed murder device" for driving in screws.

Similarly, there's this running debate about Viagra. It can be used to give a guy temporary priapism. Or it can be used to treat a real physical condition with psychological and emotional consequences. Viagra is marketed under a slightly smaller dose for pulmonary hypertension in children 1-17 and called Revatio. Drug =/= drug's most common purpose.

This is a distractor argument that gets away from the real issue involved.

[humbled_opinion]

67. Thanks for clarification...

I get it now, and I am sure the nuns have rejected the use of all coat hangers in their closets too...

[warrant46]

62. Ha --- Planned Parenthood----You Have to be Kidding

Planned Parenthood is under attack like never before. Not only have their places across the USA been burned, bombed and staff murdered, but the Romaine Catlick Church has a bunch of nut jobs picketing the last planning clinic in my nearest town and "Counseling" (read intimidating) patients who go there for services by a bunch of rosary thumbing miscreants with photos of aborted fetuses. They call their Posse the "Shield of Roses" And at every turn they are de-funded.

https://www.facebook.com/pages/Shield-of-Roses/104462073079809

http://christendom.edu/chronicler2012/latest/files/fedc236df5adf4cf67914f5d40dc19ca-75.php

Mega Shield Protests Planned Parenthood

The group traveled to D.C. following the 7:30 a.m. Mass, and proceeded to pray four rosaries and sing a number of Marian and religious hymns while the clinic’s “pro-choice” escorts looked on.



Christendom College’s pro-life student group, Shield of Roses, held its largest pro-life prayer protest of the semester in front of the Planned Parenthood clinic located on 16th Street in Washington, D.C., this past Saturday, November 19. “Saturdays are big days for the abortion industry,” says Admissions Director Tom McFadden who traveled with the group for “Mega-Shield.” “I am always so proud of our students who travel the hour and a half every Saturday to prayerfully protest this crime against humanity, and especially pleased to see so many, over 25% of our on-campus student body, take part in the Shield of Roses ‘Mega-Shield’ each semester.”

I'm sure Francis will put no brakes on his flock who continue to perform this outrage.

[Indyfan53]

64. I'm a man, and I believe this halt is wrong!

It's reasons like this why I left the catholic church. They are a misogynist cult and need to be destroyed.

Not even their new pope can stop their evil ways.