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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: epicure who wrote (254703)7/1/2014 10:16:08 PM
From: Bread Upon The Water  Read Replies (3) | Respond to of 541784
 
It is in my very humble opinion a very limited decision that doesn't expand religious rights beyond the issue of forcing these types of corporations to pay for contraception. Furthermore, both Justices Alito and Kennedy suggested ways that the government and women can have these type of benefits paid for without violating the the religious freedoms of these private type of employers. In other words a win win.

To Wit:



Alito said the decision is limited to contraceptives. "Our decision should not be understood to hold that an insurance-coverage mandate must necessarily fall if it conflicts with an employer's religious beliefs," he said.

He suggested two ways the administration could deal with the birth control issue. The government could simply pay for pregnancy prevention, he said. Or it could provide the same kind of accommodation it has made available to religious-oriented, not-for-profit corporations.

Those groups can tell the government that providing the coverage violates their religious beliefs. At that point, creating a buffer, their insurer or a third-party administrator takes 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.

That accommodation is the subject of separate legal challenges, and the court said Monday that profit-seeking companies could not assert religious claims in such a situation.

Justice Anthony Kennedy, who was part of the majority, also wrote separately to say the administration can solve its problem easily. "The accommodation works by requiring insurance companies to cover, without cost sharing, contraception coverage for female employees who wish it," Kennedy said. He said that arrangement "does not impinge on the plaintiffs' religious beliefs."