Home
/
RELIGION & LIBERTY ONLINE
/
What You Should Know About the Contraceptive Mandate Decision
What You Should Know About the Contraceptive Mandate Decision
Jan 18, 2026 2:18 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
France’s 200 roads to serfdom
One of Europe’s most robust welfare states may be proving that government intervention and true social solidarity are inimical forces. Many economic interventionists on both sides of the Atlantic cite the Catholic social teaching of “solidarity” – or, at least, their own conception of it – to justify far-reaching government policies of wealth confiscation and redistribution. The British philosopher Julian Baggini wrote in The Guardian that “Tax Freedom Day” should be celebrated as “Social Solidarity Day.” But heavy-handed government policy...
Are the culture wars unique to our times?
Culture wars are plex with overlapping conflicts that are often confused and conflated, says John D. Wilsey in this week’s Acton Commentary. For the past five decades, Americans have waged what has monly referred to as a “culture war.” A number of authors have examined the culture wars from philosophical, historical, and sociological standpoints, especially since the early 1990s—Charles Murray, Robert Putnam, James Davison Hunter, Philip Gorski, and Andrew Hartman to name a few. It is tempting to see the...
Radio Free Acton: Seeking flourishing in the context of poverty; Upstream on ‘Redeeming Transcendence in the Arts’
On this episode of Radio Free Acton, Andrew Vanderput, PovertyCure strategy and engagement manager at Acton, holds a discussion with Peter Greer, president and CEO of Hope International, on how human flourishing can be brought about in the context of poverty. Then, on the Upstream segment, Bruce Edward Walker talks to author Jeremy Begbie about his new book, Redeeming Transcendence in the Arts. Check out these additional resources on this week’s podcast topics: Learn more about PovertyCure Learn more about...
Unemployment as economic-spiritual indicator — May 2018 report
Series Note: Jobs are one of the most important aspects of a morally functioning economy. They help us serve the needs of our neighbors and lead to human flourishing both for the individual and munities. Conversely, not having a job can adversely affect spiritual and psychological well-being of individuals and families. Because unemployment is a spiritual problem, Christians in America need to understand and be aware of the monthly data on employment. Each month highlight the latest numbers we need...
The NHS and the spell of the White Witch
In The Lion, the Witch, and the Wardrobe, C.S. Lewis described the dreary state of Narnia under the curse of the White Witch as “always winter but never Christmas.” His assessment may soon apply to the National Health Service (NHS), whose annually intensifying “winter crisis” threatens to e permanent, according to the UK’s leading doctors’ association. “The winter crisis has truly been replaced by a year-round crisis,” said Dr. Chaand Nagpaul, chairman of the British Medical Association (BMA). Each winter,...
Winners of 2018 Mini-Grants on Free Market Economics
The Acton Institute Mini-Grants on Free Market Economics program accepts proposals from faculty members at colleges, seminaries, and universities in the United States and Canada in order to promote the scholarship and teaching of market economics. This program allows for collaboration between faculty from different universities, as well as help future leaders to emerge, strengthen, and expand the existing network of scholars within economics. Entrants may submit proposals in two broad categories: course development and faculty scholarship. Here is plete...
Want to ‘change the world’? Embrace the glories of economic scale
As the latest crop of college graduates enters the workforce, many ing fully loaded with grandiose plans for “social transformation,” “giving back to munities,” and “making a difference.” Unfortunately, such phrases have e slippery slogans based on a cultural imagination that is far too narrow in its basic assumptions. Whether spurred along by the idealism of college professors, the hurrahs of mencement speeches, or the hedonistic calls of cultural tropes (“follow your passion!”), today’s youth are often clouded with a...
6 Quotes: G.K. Chesterton on freedom and virtue
Yesterday was the 144th birthday of G.K. Chesterton. In his honor, here are six quotes by the great British writer on freedom and virtue. On defending virtue: “The act of defending any of the cardinal virtues has today all the exhilaration of a vice.” On modern freedom: “Most modern freedom is at root fear. It is not so much that we are too bold to endure rules; it is rather that we are too timid to endure responsibilities.” On courage:...
An introduction to the Solow Model
Note: This is post #80 in a weekly video series on basic economics. The Solow model was named after Robert Solow, the 1987 winner of the Nobel Prize in Economics. Among other things, the Solow model helps us understand the nuances and dynamics of growth, says Alex Tabarrok of Marginal Revolution University. The model also lets us distinguish between two types of growth: catching up growth and cutting edge growth. As you’ll soon see in this video, a country can...
Why tariffs and protectionism makes Americans poorer
Earlier today President Trump imposed tariffs on imported steel (25 percent) and aluminum (10 percent) from the European Union, Canada and Mexico. Not surprisingly, the tariffs triggered immediate retaliation from U.S. allies against American businesses and farmers. “This is protectionism, pure and simple,” said Jean-Claude Junker, president of the European Commission.Junker is correct. The tariffs are are a form of protectionism that is frequently proposed by populists and Democrats. But what is wrong with protectionism? The short answer is that...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved