Home
/
RELIGION & LIBERTY ONLINE
/
What You Should Know About the Contraceptive Mandate Decision
What You Should Know About the Contraceptive Mandate Decision
Jan 15, 2026 5:05 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
The Economist, Catholicism, and Europe
When es to the sophistication of its coverage of religious affairs, the Economist is better than most other British publications (admittedly not a high standard) which generally insist on trying to read religion through an ideologically-secularist lens. Normally the Economist tries to present religion as a slightly plex matter than “stick-in-the-mud-conservatives”-versus-“open-minded-enlightened-progressivists”, though it usually slips in one of the usual secularist bromides, as if to reassure its audiences that it’s keeping a critical distance. A good example of this is...
The Ecumenical Movement and the Nuclear Question
It’s worth noting that the original context of engagement of the ecumenical movement by figures like Paul Ramsey and Ernest Lefever (two voices that figure prominently in my book, Ecumenical Babel) had much to do with foreign policy and the Cold War, and specifically the question of the proliferation of nuclear weapons. Last week marked the anniversary of the bombing of Hiroshima and today is the anniversary of the Nagasaki detonation. As ENI reports (full story after the break), the...
Family vs. the State in Indian and Chinese Entrepreneurship
This August 3 Wall Street Journal article is based on a Legatum Institute paring Indian and Chinese entrepreneurship and raises important issues about the roles of the state and the family in promoting entrepreneurship. mon elements between Indian and Chinese wealth-creators are their optimistic view of the pared to Americans (“Why I’m Not Hiring”) and Europeans (“Everything’s Fine With Greece, Just Ignore Some Facts”) presumably, and their lack of concern about the impact of the global financial crises on their...
Re: Broken Windows – University Funding Edition
As Kishore Jayabalan noted yesterday, the fallacy of “broken windows” is, unfortunately, ubiquitous in discussions of public finance and macroeconomics. Though we are told that government spending and public works have a stimulating effect on economic activity, rarely are the costs of such projects discussed. Such is the case with several stimulus projects in my own hometown of Atlanta, GA. The Atlanta Journal-Constitution reportson a list that Sen. John McCain and Sen. Tim Coburn drew up,criticizing wasteful stimulus projects throughout...
Audio: Rev. Sirico on ‘The Principle of Subsidiarity and the Service to the Poor’
On the new Reclaiming the Culture radio show, host Dolores Meehan recently interviewed Acton President Rev. Robert A. Sirico on the subject of “The Principle of Subsidiarity and the Service to the Poor.” Here’s how Meehan describes the show’s mission: Bay Area Catholics are some of the strongest Catholics in the country. Reclaiming the Culture grew out of the desire to show that the Catholic Church in the Bay Area has the resources to confront the prevailing secular culture. Our...
Do We Need Pro-Family Tax Policies?
Last month, in “Europe’s Choice: Populate or Perish,” Acton Research Director Samuel Gregg observed: At a deeper level … Europe’s declining birth-rate may also reflect a change in intellectual horizons. A cultural outlook focused upon the present and disinterested in the future is more likely to view children as a burden rather than a gift to be cared for in quite un-self-interested ways. Individuals and societies that have lost a sense of connection to their past and have no particular...
Acton on Tap – August 12: American Exceptionalism
Join us on Thursday, August 12, at Derby Station in Grand Rapids as we continue our Acton on Tap series, a casual and fun night out to discuss important and timely ideas with friends. The event is scheduled for 6:00 pm to 8:00 pm and discussion starts at 6:30. American Exceptionalism is a newsworthy topic as some on both the political left and right lament that America’s greatness is slipping away. But what does American Exceptionalism mean and how did...
Abela: Will Teaching Business Ethics Make Business More Ethical?
On the National Catholic Register, Andrew Abela confesses to a “nagging suspicion that teaching business ethics in a university is not delivering on what is expected of it.” The question is both concrete and academic: Abela is the chairman of the Department of Business and Economics at The Catholic University of America and an associate professor of marketing. He was awarded the Acton Institute’s Novak Award in 2009. Here, he explains the problem with “amoral” business attitudes: … we often...
Carbon Regulation: Ecological Utopia or Economic Nightmare?
In this week’s Acton Commentary, I discuss whether the Environmental Protection Agency’s planned regulation of carbon emissions can be justified from a Christian perspective. The EPA has found that carbon emissions endanger “public health and welfare,” and it is on track to begin regulating vehicle and power plant emissions. Environmentalists claim that policies targeting carbon emissions, such as EPA regulation or a cap-and-trade program, will stimulate the economy by creating green jobs. Unfortunately, this is not the case – the...
Publicly Funded Films: A Cautionary Tale
The most basic lesson of all of the various efforts, by both state and federal governments, to provide incentives for films to be made is that with government es government oversight. Once you go down the road of filing for tax credits or government subsidy in various forms, and you depend on them to get your project made, you open yourself up to a host of regulatory, bureaucratic, and censorship issues. It shouldn’t be a surprise, for instance, that states...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved