Home
/
RELIGION & LIBERTY ONLINE
/
What You Should Know About the Contraceptive Mandate Decision
What You Should Know About the Contraceptive Mandate Decision
Dec 6, 2025 9:54 PM

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
Verse of the Day
  Romans 8:6-8 In-Context   4 in order that the righteous requirement of the law might be fully met in us, who do not live according to the flesh but according to the Spirit.   5 Those who live according to the flesh have their minds set on what the flesh desires; but those who live in accordance with the Spirit have their...
Verse of the Day
  Isaiah 9:6 In-Context   4 For as in the day of Midian's defeat, you have shattered the yoke that burdens them, the bar across their shoulders, the rod of their oppressor.   5 Every warrior's boot used in battle and every garment rolled in blood will be destined for burning, will be fuel for the fire.   6 For to us a child...
Verse of the Day
  Jeremiah 32:17 In-Context   15 For this is what the Lord Almighty, the God of Israel, says: Houses, fields and vineyards will again be bought in this land.'   16 After I had given the deed of purchase to Baruch son of Neriah, I prayed to the Lord:   17 Ah, Sovereign Lord, you have made the heavens and the earth by your...
Verse of the Day
  Commentary on Today's Verse   Commentary on Psalm 57:7-11   (Read Psalm 57:7-11)   By lively faith, David's prayers and complaints are at once turned into praises. His heart is fixed; it is prepared for every event, being stayed upon God. If by the grace of God we are brought into this even, composed frame of mind, we have great reason to be...
Verse of the Day
  Commentary on Today's Verse   Commentary on Philippians 2:1-4   (Read Philippians 2:1-4)   Here are further exhortations to Christian duties; to like-mindedness and lowly-mindedness, according to the example of the Lord Jesus. Kindness is the law of Christ's kingdom, the lesson of his school, the livery of his family. Several motives to brotherly love are mentioned. If you expect or experience the...
Verse of the Day
  Luke 12:2-3 In-Context   1 Meanwhile, when a crowd of many thousands had gathered, so that they were trampling on one another, Jesus began to speak first to his disciples, saying: BeOr speak to his disciples, saying: First of all, beon your guard against the yeast of the Pharisees, which is hypocrisy.   2 There is nothing concealed that will not be...
Verse of the Day
  Commentary on Today's Verse   Commentary on Mark 8:34-38   (Read Mark 8:34-38)   Frequent notice is taken of the great flocking there was to Christ for help in various cases. All are concerned to know this, if they expect him to heal their souls. They must not indulge the ease of the body. As the happiness of heaven with Christ, is enough...
Verse of the Day
  Commentary on Today's Verse   Commentary on Titus 1:5-9   (Read Titus 1:5-9)   The character and qualification of pastors, here called elders and bishops, agree with what the apostle wrote to Timothy. Being such bishops and overseers of the flock, to be examples to them, and God's stewards to take care of the affairs of his household, there is great reason that...
Verse of the Day
  Commentary on Today's Verse   Commentary on 1 Chronicles 16:7-36   (Read 1 Chronicles 16:7-36)   Let God be glorified in our praises. Let others be edified and taught, that strangers to him may be led to adore him. Let us ourselves triumph and trust in God. Those that give glory to God's name are allowed to glory in it. Let the everlasting...
Verse of the Day
  Commentary on Today's Verse   Commentary on Psalm 82:1-5   (Read Psalm 82:1-5)   Magistrates are the mighty in authority for the public good. Magistrates are the ministers of God's providence, for keeping up order and peace, and particularly in punishing evil-doers, and protecting those that do well. Good princes and good judges, who mean well, are under Divine direction; and bad ones,...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved