Frankel Denounces the Hobby Lobby Decision

Washington, D.C. – Congresswoman Lois Frankel released the following statement after the Supreme Court handed down its ruling on Hobby Lobby v. Sebelius affirming the 10th Circuit Court of Appeal.

“Employers belong in the workplace, not in an employee’s doctor's office,” said Frankel. “Personal decisions about contraception should be between a woman and her physician – not a woman and her supervisor.  Today’s ruling is a sad step backwards for women’s health and individual rights over those of corporate bosses.”

Under the Affordable Care Act (ACA), insurance companies are required to provide preventative care, including contraception, with no out-of-pocket costs to individuals. In a lawsuit challenging this provision of the ACA, the owners of Hobby Lobby contended that their religious beliefs prohibited them from covering certain contraceptives in their employee health insurance plans.

The case made it to the 10th Circuit of Appeal, which wrote in its opinion, “We see no reason the Supreme Court would recognize constitutional protection for a corporation’s political expression but not its religious expression.” (i.e. Citizens United.) Covering birth control or paying a fine, the 10th Circuit decided, counted as a substantial burden on that religious expression, which is the test set by the 1993 Religious Freedom Restoration Act, otherwise known as RFRA.

Today, the Supreme Court affirmed the decision ruling that family held companies are exempt from the contraception mandate of the ACA.

The Court specifically said that the ruling could not be used for companies to use their religious beliefs to deny equal rights for same sex couples, mental health coverage, or substance abuse treatment.

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