President Barack Obama, in an abrupt policy shift aimed at quelling an election-year firestorm, announced on Friday that religious employers would not be required to offer free birth control to workers and that the onus would instead be put on insurers.
The compromise sought to accommodate religious organizations, such as Catholic hospitals and universities, outraged by a new rule that would have required them to offer free contraceptive coverage.
Instead, the new approach puts the burden on insurance companies, ordering them to provide workers at religious-affiliated institutions with free family planning if they request it, without involving their employer at all, the White House said.
"Religious organizations won't have to pay for these services," Obama told reporters in the White House briefing room. "But women who work at these institutions will have access to free contraceptive services."
He insisted the revised policy, which came after he ordered aides to speed up their review of the controversial new rule, would ensure "religious liberty" while protecting women's health.
Weighing in publically on the issue for the first time, Obama acknowledged that religious groups had "genuine concerns" about the birth control rule but he accused some people of a cynical effort to turn the issue into a "political football."
The rule had sparked an outcry from Catholic Church leaders, Republicans and other social conservatives who denounced it as an attack on religious freedom.
The policy shift is aimed at defusing the controversy and preventing it from becoming a liability for Obama's re-election campaign, while at the same time trying not to anger his liberal base. But it was unlikely to assuage all of the concerns of church leaders.
The regulation at the centre of the controversy requires religious-affiliated groups such as charities, hospitals and universities, but not churches themselves, to provide employees coverage for birth control as other health insurance providers must do. The Catholic Church opposes most methods of birth control.
.Comment I am glad that the Bishops in US have given a resounding "NO" to the proposed "compromise" as follows in the following statement:
.Comment I am glad that the Bishops in US have given a resounding "NO" to the proposed "compromise" as follows in the following statement:
The Catholic bishops have long supported access to life-affirming healthcare for all, and the conscience rights of everyone involved in the complex process of providing that healthcare. That is why we raised two serious objections to the “preventive services” regulation issued by the U.S. Department of Health and Human Services (HHS) in August 2011.
First, we objected to the rule forcing private health plans—nationwide, by the stroke of a bureaucrat’s pen—to cover sterilization and contraception, including drugs that may cause abortion. All the other mandated “preventive services” prevent disease, and pregnancy is not a disease. Moreover, forcing plans to cover abortifacients violates existing federal conscience laws. Therefore, we called for the rescission of the mandate altogether.
Second, we explained that the mandate would impose a burden of unprecedented reach and severity on the consciences of those who consider such “services” immoral: insurers forced to write policies including this coverage; employers and schools forced to sponsor and subsidize the coverage; and individual employees and students forced to pay premiums for the coverage. We therefore urged HHS, if it insisted on keeping the mandate, to provide a conscience exemption for all of these stakeholders—not just the extremely small subset of “religious employers” that HHS proposed to exempt initially.
Today, the President has done two things.
First, he has decided to retain HHS’s nationwide mandate of insurance coverage of sterilization and contraception, including some abortifacients. This is both unsupported in the law and remains a grave moral concern. We cannot fail to reiterate this, even as so many would focus exclusively on the question of religious liberty.
Second, the President has announced some changes in how that mandate will be administered, which is still unclear in its details. As far as we can tell at this point, the change appears to have the following basic contours:
It would still mandate that all insurers must include coverage for the objectionable services in all the policies they would write. At this point, it would appear that self-insuring religious employers, and religious insurance companies, are not exempt from this mandate.
It would allow non-profit, religious employers to declare that they do not offer such coverage. But the employee and insurer may separately agree to add that coverage. The employee would not have to pay any additional amount to obtain this coverage, and the coverage would be provided as a part of the employer’s policy, not as a separate rider.
Finally, we are told that the one-year extension on the effective date (from August 1, 2012 to August 1, 2013) is available to any non-profit religious employer who desires it, without any government application or approval process.
These changes require careful moral analysis, and moreover, appear subject to some measure of change. But we note at the outset that the lack of clear protection for key stakeholders—for self-insured religious employers; for religious and secular for-profit employers; for secular non-profit employers; for religious insurers; and for individuals—is unacceptable and must be corrected. And in the case where the employee and insurer agree to add the objectionable coverage, that coverage is still provided as a part of the objecting employer’s plan, financed in the same way as the rest of the coverage offered by the objecting employer. This, too, raises serious moral concerns.
We just received information about this proposal for the first time this morning; we were not consulted in advance. Some information we have is in writing and some is oral. We will, of course, continue to press for the greatest conscience protection we can secure from the Executive Branch. But stepping away from the particulars, we note that today’s proposal continues to involve needless government intrusion in the internal governance of religious institutions, and to threaten government coercion of religious people and groups to violate their most deeply held convictions. In a nation dedicated to religious liberty as its first and founding principle, we should not be limited to negotiating within these parameters. The only complete solution to this religious liberty problem is for HHS to rescind the mandate of these objectionable services.
We will therefore continue—with no less vigor, no less sense of urgency—our efforts to correct this problem through the other two branches of government. For example, we renew our call on Congress to pass, and the Administration to sign, the Respect for Rights of Conscience Act. And we renew our call to the Catholic faithful, and to all our fellow Americans, to join together in this effort to protect religious liberty and freedom of conscience for all.
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