ACLJ Still Opposed To Wheaton College Contraceptive Mandate Compromise

August 22nd, 2014

The ACLJ put out a press release indicating that it will oppose the Administration’s new exemptions for the contraceptive mandate. Specifically, non-profits and for profits alike will not have to fill out any form, but need only notify the government they object.

On the accommodation for non-profits, ACLJ writes:

In reality it’s another slap in the face for religious based nonprofits and an affront to rationally based thinking…

Here’s HHS’s own conclusion about the affect of the new “option” for the nonprofit accommodation, “Regardless of whether the eligible organization self-certifies in accordance with the July 2013 final rules, or provides notice to HHS in accordance with the August 2014 IFR, the obligations of insurers and/or TPAs regarding providing or arranging separate payments for contraceptive services are the same . . . .”

Wait, religious nonprofits can opt out, but their insurance provider, that they have contracted with, and who they are paying to provide health insurance is required to give their employees free abortion pills?  Precisely.  Nothing changes.  You can dress it up.  You can call it what you like, but the Obama Administration is still forcing religious non-profits to provide abortion pills for their employees.

On the accommodation for for-profits, like Hobby Lobby:

What’s even worse is the Obama Administration’s second proposal.  They now want to force closely held for-profit businesses like Hobby Lobby and our numerous clients – each of which have court rulings saying they don’t have to comply with the unlawful mandate – to well … comply with the unlawful mandate under the ruse of the same “accommodation” as it has proposed for nonprofits.

I’m sure ACLJ and other groups will continue to challenge these new accommodations. But I am really, really doubtful the Court will find this proposal–which it proposed in Little Sisters and Wheaton College–to be invalid. Stay tuned.