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Your Body...Your College's Choice?

Your Body...Your College's Choice?
5/17/2016
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Susan Dutca-Lovell

The Supreme Court recently avoided a major ruling on a case challenging the contraceptive coverage mandate in the Affordable Care Act. The justices decided to let the lower courts battle out the issue of faith-based organizations refusing to offer free contraceptive coverage for women.

This week, all seven cases in the consolidated Zubik v. Buwell, No. 14-1418 were sent back to their appeals courts by the Supreme Court on the issue of contraceptive coverage for women. Finding "no view on the merits of the cases," the opinion states that, "in particular, the Court does not decide whether petitioners' religious exercise has been substantially burdened, whether the Government has a compelling interest, or whether the current regulations are the least restrictive means of serving that interest." This could be viewed as the Supreme Court trying to keep their hands clean or perhaps forcing the government and religious organizations to compromise.

Religious organizations and institutions are not required to provide coverage through their insurance plans but must declare their decision to opt out. The government will then work with the school's insurance provider to continue offering the contraception coverage. However, faith-based schools are calling for a complete opt-out option that has them in no way shape or form “complicit with a practice they do not condone."

The Religious Freedom Act requires colleges to demonstrate that their beliefs are significantly violated and burdened by the contraceptive requirement. So far, 37 religiously-affiliated institutions in higher education have sued the federal government for forcing them to offer free contraception to women. The Obama administration has maintained its position to deny exemptions, stating that the arrangement does not violate the Religious Freedom Act or burden religious organizations.

How do you accommodate the moral objections of religious organizations schools while also offering contraception? Lawyers defending the schools cite that the Religious Freedom Act (1993) keeps the government from burdening their religious freedom. On the other hand, opponents state that federal laws already respect the religious beliefs of faith-based schools, and that a complete exemption isn't ideal since other religious groups - such as the Quakers who oppose financing wars with their tax money - do not get breaks just because they have a certain moral belief.

Do you think religious colleges and universities should be forced to provide contraceptive coverage for women if it contradicts their beliefs? Leave us your thoughtful comments below to start a discussion.

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