Two Key Questions that Unlock the HHS “compromise” debate

• Do religious-based organizations, such as Catholic hospitals and universities, and businesses owned by devout religious believers including Catholics, Evangelicals, Orthodox Jews, and Muslims, have the right under Obamacare to negotiate an agreement with an insurance company so that the insurance policy the employer offers to its employees does not include contraception, abortion, sterilization, etc.?
• Does an entrepreneur under Obamacare have a right to create an insurance company that in fact meets the needs of such employers?

If the answer to each is “no,” then Obamacare violates a fundamental right. If “yes,” then the problem is solved and the debate is over. But since the HHS regulations allow a narrow exemption for some religious organizations–e.g., churches, synagogues, mosques–that means that the answer to the questions is probably “no.”