Fifth Circuit Rules in Favor of Obamacare’s Birth Control Benefit Accommodation

RH Reality Check, By Jessica Mason Pieklo, June 23

Religious conservatives challenging the accommodation process for employers to opt out of the Affordable Care Act’s birth control benefit have lost yet another legal battle, this time in the conservative Fifth Circuit Court of Appeals.

A unanimous panel of judges on Monday ruled that the plaintiffs in East Texas Baptist University v. Burwell, a consolidated group of cases involving religiously affiliated employers who object to providing health insurance coverage for some or all forms of contraception, were not substantially burdened by completing an opt-out form that triggers third party contraceptive coverage for employees who want it.

The plaintiffs in East Texas Baptist University argue that the task of completing the government’s form that self-certifies them as religious employers—and eligible for an accommodation to the benefit—“triggers” or “facilitates” the ability of their employees to get contraceptive coverage elsewhere.

That, the plaintiffs argue, makes them complicit in what they believe to be a sinful act: supporting contraception generally.

On Monday the Fifth Circuit joined the Third, Seventh, and D.C. Circuits in flatly rejecting that argument.

This post was read 167 times.

About author View all posts


1 CommentLeave a comment

  • I read this and vacillated between dismay and anger. Tears would have been appropriate but after decades of this sort of opinionativeness that is supposed to represent thinking, the tolerance tank is running on fumes.

    Arguments against abortion I can understand on “life-is-precious” grounds although the thinking is specious and it does not hold up when scrutinized. But to stand in the way of BIRTH CONTROL, that is insane. But for any except the most ignorant who cannot see the virtual tax on world resources, where is the so-called moral imperative? Why would anyone in 2015 witnessing the world population growing toward 8 billion humans object to the use of birth control? What is the issue here? Those using birth control are exercising the principles of personal responsibility that these brain-impaired fools call for in sexual relationships. Oh, by allowing for freedom NOT to impregnate, they imagine the employers are fostering sexual unions. Sorry, but heaven forbid people should find pleasure much less joy in orgasm in a tough-assed world. Meantime, go ahead, imbeciles of whatever religious belief, continue to try to block abortions in one fashion or another while at the same time attempting to obstruct the methods of birth control that would prima facie result in less abortions. I keep thinking whenever I see these fools operate that one of these times they will see the simple connect-the-dots. When these self-righteous morons start offering to financially and emotionally SUPPORT the new souls that have been brought into this morality play of a world, then I will calm down. Meantime, let’s see if the East Texas Baptist University appeals further against the court-upheld alternative.

Leave a Reply