Quote:
Originally Posted by losh14
I see your point, but an exemption was previously given based on religious affiliation of the organization at the state and federal level. The requirement to cover contraception at the Federal level has been in place since 2000 or 2001 as an HHS mandate, mainly enforced through threat of litigation, but with significant exemptions - one of those being self-insured organizations. Under the rules that were in place prior to Sebelius' interpretation of the Affordable Care Act, a for-profit company did not have to cover contraception if it was self-insured. Sebelius' rule removes that exemption so that religious institutions that are not houses of worship no longer have this exemption.
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Right. But it did force individuals or companies with moral or religious objections to provide such coverage. As I understand it, the Religious Freedom Restoration Act only protected religious institutions. And then it seems it was struck down in City of Boerne v. Flores for application to the states. That is, individual states can impose such contraception mandates.
Indeed, it seems that in Hawaii explicitly requires contraception coverage (
source) and only allows exemptions just like the HHS mandate (
source):
431:10A-116.7 Contraceptive services; religious employers exemption. (a) A "religious employer" is an entity for which each of the following is true:- The inculcation of religious values is the purpose of the entity;
- The entity primarily employs persons who share the religious tenets of the entity;
- The entity is not staffed by public employees; and
- The entity is a nonprofit organization as defined under section 501(c)(3) of the Internal Revenue Code of 1986, as amended.
Many states do offer exemptions. But others, such as Hawaii, are extremely limited. In Hawaii, estesbob would be required to provide contraceptive coverage.
Quote:
Originally Posted by losh14
A note, this was fortunately defeated in April.
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Sorta. It passed the House, but the companion bill in the Senate stalled in committee. If Inslee wins the election, I foresee a real possibility is could pass.