WASHINGTON — The Supreme Court on Friday offered a short-term compromise that would continue to exempt a group of Denver nuns that operates charity nursing homes from the birth control mandate of the nation’s health care law if they declare their objections in writing.
The justices asked the nuns to write the Department of Health and Human Services declaring themselves a religious nonprofit organization and making their objection to birth control. In return, the high court would continue to block for them the contraceptive coverage requirement of the Affordable Care Act, also known as Obamacare, while their appeal is heard in the 10th U.S. Circuit Court of Appeals.
Their lawyer, Mark Rienzi of the Becket Fund for Religious Liberty, said they were delighted to hear about the court’s decision. “It made no sense for the Little Sisters to be singled out for fines and punishment before they could even finish their suit,” he said.
Under the health care law, most health insurance plans have to cover all Food and Drug Administration-approved contraceptives as preventive care for women, free of cost to the patient. Churches and other houses of worship are exempt from the birth control requirement, but affiliated institutions that serve the general public are not. That includes charitable organizations, universities and hospitals.
In response to an outcry, the government came up with a compromise that requires insurers or health plan administrators to provide birth control coverage but allows the religious group to distance itself from that action. The exemption is triggered when the religious group signs a form for the insurer saying that it objects to the coverage. The insurer can then go forward with the coverage.