Senators question contraception mandate constitutionality

Excerpted from United States Senate News Release, "Hatch, Johanns Push Back on Administration Decision On Birth Control Insurance Rule," January 20, 2012.


WASHINGTON – U.S. Senators Orrin Hatch (R-Utah) and Mike Johanns (R-Neb.) today pushed back on a decision made by the Obama Administration to mandate preventive services, including birth control and emergency contraception, for health insurance plans. In July 2011, the Institute of Medicine recommended several mandatory health services, as called for by the new health care law. This included a recommendation requiring all health care plans to provide controversial services, including contraceptives. Subsequently, Johanns and Hatch authored a letter, signed by 26 of their colleagues, to HHS Secretary Kathleen Sebelius outlining constitutional concerns regarding conscience protections.

“Today’s decision by the Obama Administration shows once again that in their mind, politics will always trump the Constitution,” Hatch said. “The problem is not that religious institutions do not have enough time to comply, it’s that they’re forced to comply at all. Unfortunately, this Administration has shown a complete lack of regard for our central constitutional commitment to religious liberty.”

“Forcing religious institutions to violate a cornerstone of their faith by providing contraceptives in their health care plans completely defies the Constitution,” said Johanns. “The President promised to uphold life and conscience protections in the health care law, but rather than live up to his word, he has regrettably chosen to punt on implementation of the controversial mandate until after the elections. I will do everything I can in the next year to ensure that the conscience rights of these churches, charities, hospitals and other religious organizations are protected.”

CMA President David Stevens, MD, MA (Ethics): "The original decision by the Obama administration to mandate contraception coverage without a meaningful conscience exemption was outrageous--a blatant violation of the First Amendment and long-standing American principles of religious freedom. This recent decision to wait a year before forcing the mandate down the throats of organizations that oppose the coercion on conscience grounds is a cynical and meaningless political ploy. If subsidizing potentially life-ending contraceptives such as Ella and the morning-after pill is morally wrong in our eyes now, it will be morally wrong a year from now. The only thing that will change in a year is the likelihood of a court challenge to this conscience- and religious freedom-trampling requirement. "

CMDA Ethics Statement: The Beginning of Human Life: Fertilization (Addendum)
CMA Testimony on Contraceptives Mandate, Conscience and HealthCare Access