Big news report card: Hobby Lobby and contraceptives

One of the big misconceptions about the Hobby Lobby case (with apologies to Conestoga Wood Specialties) is that the Oklahoma City-based arts and crafts retailer refuses to pay for employees’ contraceptive coverage.

Alas, the National Review notes:

Hobby Lobby’s health care plan … includes access, copay-free, to the following categories of FDA-approved birth-control:

  1. Male condoms
  2. Female condoms
  3. Diaphragms with spermicide
  4. Sponges with spermicide
  5. Cervical caps with spermicide
  6. Spermicide alone
  7. Birth-control pills with estrogen and progestin (“Combined Pill)
  8. Birth-control pills with progestin alone (“The Mini Pill)
  9. Birth control pills (extended/continuous use)
  10. Contraceptive patches
  11. Contraceptive rings
  12. Progestin injections
  13. Implantable rods
  14. Vasectomies
  15. Female sterilization surgeries
  16. Female sterilization implants

The Becket Fund for Religious Liberty, which represented Hobby Lobby, explains the family-owned company’s position:

The Green family has no moral objection to the use of 16 of 20 preventive contraceptives required in the mandate, and Hobby Lobby will continue its longstanding practice of covering these preventive contraceptives for its employees. However, the Green family cannot provide or pay for four potentially life-threatening drugs and devices. These drugs include Plan B and Ella, the so-called morning-after pill and the week-after pill. Covering these drugs and devices would violate their deeply held religious belief that life begins at the moment of conception, when an egg is fertilized.

Given the widespread confusion over the case, details concerning what Hobby Lobby will fund, what it won’t — and why — are crucial to understanding this week’s major U.S. Supreme Court ruling.

Based strictly on that important question, I reviewed some of the major first-day news coverage of the high court’s 5-4 decision this week in Hobby Lobby’s favor (a hat tip to the Pew Research Center’s daily religion headlines for providing most of the below links).

Maybe I’m being overly generous in my summer grading, but the coverage I read — in general — did an adequate job of explaining the contraceptives issue:

Boston Globe: A.

Obama’s health care law requires company insurance plans to provide free access to 20 contraceptive methods that have been approved by the Food and Drug Administration. Hobby Lobby and Conestoga Wood objected to having to cover two types of emergency contraceptive pills and two types of IUDs that they liken to abortion.

If the owners of the companies comply with the mandate, “they believe they will be facilitating abortions, and if they do not comply, they will pay a very heavy price — as much as $1.3 million per day, or about $475 million per year, in the case of one of the companies,” (Justice Samuel) Alito wrote.

Detroit Free Press: B.

Hobby Lobby objected to providing insurance for four contraceptives: two morning-after pills and two types of intrauterine devices. The high court’s ruling, however, applies to all 20 FDA-approved contraceptives in the following way: If a family business is opposed to any of them on religious grounds, it can’t be forced to pay for them. …

The decision involves two Christian-owned family businesses that challenged a provision of the federal Affordable Care Act, claiming it unlawfully required them to pay for contraception insurance or face hefty fines of up to $1.3 million a day. The owners of Hobby Lobby, along with those of a -based (sic) cabinet wood maker, said they believe that some contraceptives “end human life after conception” so they shouldn’t be forced to offer them.

The Free Press needed to make clearer that Hobby Lobby’s insurance plan covers most of the contraceptives.

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HHS ‘religious employer’ definition changed? (updated)

It would be hard to find a city in American that contains more historic Catholic ministries than Baltimore. Thus, there are quite a few people here in Charm City who are involved in the legal warfare over the Health and Human Services mandate requiring most religious institutions to offer their employees, and students, health-insurance plans covering sterilizations and all FDA-approved contraceptives, including “morning-after pills.”

In particular, the historic Baltimore suburb of Catonsville includes a group linked to a highly symbolic ministry caught up in this church-state fight. There is a good chance that, eventually, the U.S. Supreme Court could hear a case that literally would be called The Little Sisters of the Poor vs. Kathleen Sebelius.

The Baltimore Sun team has to cover this group, of course. Today’s tiny Christmas Eve Eve edition includes an A1 report that is surprisingly good — except on one of the most crucial facts linked to this case.

The key, of course, is the unique three-level approach to religious liberty that is being used by this White House. The Sun team knows that the Little Sisters of the Poor are caught in the middle, between the for-profit companies that are fighting the mandate (think Hobby Lobby) and the churches and strictly denominational organizations that have been granted conscience-clause exemptions.

To its credit, the story includes — in addition to logical pro-White House sources — this strong passage, with a logical voice of authority, on the viewpoint argued by the Sisters:

Although dozens of for-profit and nonprofit employers have filed lawsuits over the requirement, the Becket Fund says the Little Sisters’ lawsuit was the first of its kind because it could potentially affect hundreds of nonprofit Catholic ministries. Baltimore Archbishop William E. Lori said the Little Sisters’ service is “unmistakably a work of religion” and said the issue is one of religious liberty that could affect all religious people, not just Catholics.

“The government is drawing lines where the church does not draw them,” said Lori, chairman of the U.S. Conference of Catholic Bishops’ Ad Hoc Committee for Religious Liberty. “We see serving the poor, educating the young, healing the sick, as a natural outgrowth from what we believe and how we worship. And so we believe that all of these ministries should be exempt.” …

Planned Parenthood characterizes the law’s religious exemption as expansive and says it will allow 350,000 churches, religious schools and houses of worship to get out of the requirement. At issue in this Little Sisters of the Poor case is whether groups that don’t fall under that exemption should be counted as “religious employers.”

Like I said, this is a pretty good report and it did appear on A1. So what is the problem?

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Hey, LA Times, there’s more to HHS fight than Hobby Lobby

First things first: I have to admit that I almost choked on my diet cherry cola when I read the double-decker headline on this Los Angeles Times news feature about the next round of cultural warfare at the U.S. Supreme Court. Ready? You have been warned:

In new term, Supreme Court may steer to right on key social issues

The Supreme Court’s conservative bloc has a clear chance to shift the law to the right on abortion, contraception, religion and campaign funding

Now, faithful GetReligion readers will know that — as a pro-life Democrat — I am not pleased when journalists slap simplistic religious or political labels on people. In particular, it is often important to separate religious doctrine from political beliefs. When covering Republicans, it is also crucial to grasp that there are people who are conservative on economic and openly political issues, while veering to the left on moral and cultural issues. This familiar name leaps to mind: Justice Anthony Kennedy.

So I understand that, on some issues, the current high court does contain five people who from time to time form a “conservative bloc.” But does this court really contain a “conservative bloc” when addressing moral, cultural and religious issues?

To understand my main problem with the content of this story, it helps to see the framing. Let’s get started:

If the justices on the right agree among themselves, they could free wealthy donors to give far more to candidates and parties and clear the way for exclusively Christian prayers at local government events.

Wait, what’s with the “clear the way” language? Isn’t the issue whether citizens, under the First Amendment, can CONTINUE to offer prayers that contain exclusively Christian images and language? I mean, I hate to break this to folks on the left coast, but lots of folks have been using Trinitarian language in public prayers in the American heartland for a long, long time. This is news? The issue is whether the state has the power to forbid, control or at the very least edit this form of speech.

Back to the story’s overture and the passage that sure as heckfire caught my attention:

By next spring, the justices are likely to revisit part of President Obama’s healthcare law to decide a religious-rights challenge to the requirement that large private employers provide their workers with coverage for contraceptives. Dozens of employers who run for-profit companies have sued, contending that providing health insurance that includes a full range of contraceptives violates their religious beliefs.

Yes, it is possible that the court will take a second look at the fine details in that healthcare law. We know that because one of its most liberal members dropped a hint about that in her written opinion in support of the “individual mandate” plank in the Health and Human Services regulations.

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