Home
/
RELIGION & LIBERTY ONLINE
/
What You Should Know About the Contraceptive Mandate Decision
What You Should Know About the Contraceptive Mandate Decision
Dec 25, 2025 1:58 AM

This morning the U.S. Supreme Court issued a ruling on the Health and Human Services (HHS) contraceptive mandate (see here for an explainer article on the case). The Court ruled (5-4) that that employers with religious objections can opt out of providing contraception coverage under the Affordable Care Act. Here are six points you should know from the majority opinion written by Justice Samuel Alito:

1.The “Hobby Lobby” decision is really a collection of three separate lawsuits.

Although the focus was primarily on one plaintiff, Hobby Lobby, the case bined three separate lawsuits by three panies: Conestoga Wood, Hobby Lobby, and Mardel.In the three cases before the Supreme Court, the Court agreed that the owners of three closely held for-profit corporations have sincere Christian beliefs that life begins at conception and that it would violate their religion to facilitate access to contraceptive drugs or devices that operate after that point.

2. The opposition by panies was to only specific contraceptives.

Of the 20 contraceptive methods approved by the FDA and required to be covered by the HHS mandate, four may affect an zygote from developing by inhibiting its attachment to the uterus. The belief that these four contraceptive cause an abortion was the religious reason these panies opposed the contraceptive mandate.

3.The Court determined that the mandate violated theReligious Freedom Restoration Act.

The Religious Freedom Restoration Act of 1993 (RFRA) prohibits the government from substantially burdening a person’s exercise of religion even if the burden results from a rule of general applicability unless the government demonstrates that application of the burden to the person:

(1) is in furtherance of pelling governmental interest; and

(2) is the least restrictive means of furthering pelling governmental interest.

The decision of the Court is that, as applied to closely held corporations (e.g., 50 percent of the value of its outstanding stock owned directly or indirectly by 5 or fewer individuals), the Health and Human Services (HHS) contraceptive mandate violates RFRA.

4. The Court ruledthat the corporation structure doesn’t take away the owners’ right to express their religious beliefs.

HHS argued that panies cannot sue because they are for-profit corporations, and that the owners cannot sue because the regulations apply only to panies. The Court recognized that this would leave merchants with a difficult choice: give up the right to seek judicial protection of their religious liberty or forgo the benefits of operating as corporations.

RFRA’s text shows that Congress designed the statute to provide very broad protection for religious liberty and did not intend to put merchants to such a choice. Protecting the free-exercise rights of closely held corporations, says the Court, protects the religious liberty of the humans who own and control them. Business pelled or limited by the tenets of a religious doctrine fortably within the understanding of the “exercise of religion,” says the Court.

5. The Court agreed that there were less-restrictive way the government could have carried outtheir interest of providing free contraceptives.

The Court found that the HHS mandate violated RFRA because it imposed a substantial burden (i.e., if panies refused to violate their beliefs, they would face severe economic consequences: about $475 million per year for Hobby Lobby, $33 million per year for Conestoga, and $15 million per year for Mardel). The government also failed to satisfy RFRA’s least restrictive-means standard, since the government could assume the cost of providing the four contraceptives to women unable to obtain coverage due to their employers’ religious objections or extend the modation that HHS has already established for religious nonprofit organizations to non-profit employers with religious objections to the contraceptive mandate.

6. The decision applies only to the contraceptive mandate and not other religious-based objections.

This decision concerns only the contraceptive mandate and should not be understood to hold that all insurance-coverage mandates, e.g., for vaccinations or blood transfusions, must necessarily fall if they conflict with an employer’s religious beliefs. Nor does it provide a shield for employers who might cloak illegal discrimination as a religious practice.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Pokémon GO is the Sweet, Successful Fruit of Failure
In a weekend, Pokémon GO has already taken our smartphones by storm. But where did e from? On the one hand, this is a simple question to answer: Nintendo. Pokémon is a game franchise created by Nintendo, and Pokémon GO is the newest installment. But Pokémon GO isn’t just more of the same. It’s a revolutionary innovation. Using the camera function on people’s phones, the world of the game is our world. The eponymous monsters appear on the screen as...
Unemployment for Black Male Teens Spikes. Are Minimum Wage Increases to Blame?
The most recent jobs report appeared to present a positive impression of our current employment situation. As the New York Times headline read, “Jobs Roar Back With Gain of 287,000 in June, Easing Worry.” Of course whether it eased your worry or not largely depended on whether or not you’re a young African American man. For black male teens (aged 16-19 years), the jobless rate dramatically spiked to 40.1 percent in June from 28.1 percent in May. As Mark J....
Video: Rev. Robert A. Sirico at Acton University 2016
On June 17th, Acton Institute President and Co-founder Rev. Robert A. Sirico delivered the final evening plenary address of Acton University 2016. We’re pleased to present the video of his address here on the PowerBlog. ...
Protectionism leads to turmoil, strife, and disorder
Proponents of protectionism often ground their support in a quasi-nationalism; trade should be restricted for the benefit of the nation. Economically, the argument holds little weight. The benefits of more trade, like more and cheaper goods, outweigh the costs, like some temporary unemployment that results from the closing of a factory that pete with panies. Some protectionists may accept this, and still urge tariffs, quotas, and other restrictions. They argue that a nation can still benefit, even with economic disadvantages....
Man Is Not the Measure: Whittaker Chambers on Tyson’s ‘Rationalia’
“Men have never been so educated, but wisdom, even as an idea, has conspicuously vanished from the world.” –Whittaker Chambers The vain self-confidence of high-minded planners and politicians has caused great harm throughout human history, much of it done in the name of “reason” and “science” and “progress.” In an information age such as ours, the technocratic temptation is stronger than ever. As the Tower of Babel confirms, we have always had a disposition to think we can know more...
What Christians Should Know About Consumption Smoothing
Note: This is the latest entry in the Acton blog series, “What Christians Should Know About Economics.” For other entries inthe series seethis post. The Term: Consumption Smoothing What It Means: Consumption is the use of goods and services by households. Consumption smoothing is the balancing out of spending and saving over a period of time to maintain the highest possible standard of living (measured in consumption) over the course of one’s life. Why It Matters: Consumption is one of...
3 Myths About Capitalism
What is capitalism? Why is it controversial? Dr. Jeffrey Miron from Harvard University breaks down 3 myths of Capitalism. ...
Who is Theresa May?
A true feminist, a devout Christian, and a leader mon sense will soon move into 10 Downing Street. As excitement—and dismay—surrounded Britain’s decision to leave the European Union, Remainer and (former) prime minister, David Cameron announced his resignation from British parliament’s highest position. Today he officially leaves office, allowing Theresa May to e the next British Prime Minister. Originally, Cameron planned to wait until October to pass the torch to the next leader, but on Monday he stated that, “we...
How Evangelicals Became GOP Culture War Soldiers
Evangelicalism historically has always been embroiled in political and social movements in the West. Because of the effective reach church leaders have in reaching the masses in past history, politicians take particular interest in the church during political campaigns. Donald Trump’s new found interest in evangelicalism, then, makes historical sense. Winning over evangelicals could translate into votes. In fact, in the post-Nixon era evangelicals were very useful tools in the growth of the GOP as some Christian leaders unintentionally sold...
Nobel Laureates Plead with Greenpeace to Drop Opposition to GMOs
“A group of more than 100 Nobel Laureates have publicly declared Greenpeace’s anti-GMO campaign a crime against humanity,” says Allison Gilbert in this week’s Acton Commentary. “These men and women say the science is clear — the world needs GMOs, and objecting to the production of genetically modified foods both denies scientific evidence and exacerbates the suffering of the world’s poor.” “We call upon Greenpeace to cease and desist in its campaign against Golden Rice specifically, and crops and foods...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved