UNITED STATES
Verdict
Leslie C. Griffin
I am disappointed to see my alma mater, the University of Notre Dame, leading the litigation charge against the contraceptive mandate of the Affordable Care Act (ACA). The mandate requires employer health care plans to contain preventive care coverage that includes FDA-approved contraceptive methods and sterilization procedures. The ACA originally exempted purely religious employers like houses of worship from its requirements, but otherwise applied the contraceptive regulations to religious employers like Notre Dame.
The uproar against the Obama Administration about that original rule was equally vigorous and ridiculous. The Catholic bishops and other religious employers like Notre Dame accused the Administration of conducting a war on religious freedom, even though there is no constitutional rule that excuses religious employers from compliance with the law. Amish employers, for example, have long been required to pay Social Security taxes, and fundamentalist Christian employers to pay men and women equally. As the Catholic Church should have learned from its child abuse crisis, moreover, bishop employers are expected to obey the criminal laws and civil reporting statutes even when their rules against public scandal tell them not to. Notre Dame should have obeyed the original law and provided coverage to its 5000 full and part-time employees and 11,500 graduate and undergraduate students, who include Catholics who obey or disobey their church’s teaching, Jews, Muslims, Hindus, Buddhists, Agnostics, Atheists and others whose use of contraceptives is their own constitutionally-protected business.
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