WASHINGTON — Congressional Democrats vowed Wednesday to bypass the Supreme Court decision in the Hobby Lobby case, unveiling new legislation that would require all employers to pay for contraception as part of the health-care mandates included in the Affordable Care Act.

The legislation comes a week after the high court ruled that many private companies – including plaintiff Hobby Lobby craft stores – were within their rights to seek an exemption from the contraception mandate if they could cite a religious objection to providing health plans that include some kinds of birth control.

That ruling outraged Democrats and women’s groups.

“Decisions about women’s health should be left to women, and not their bosses,” Rep. Chellie Pingree, D-Maine. said in a statement on Thursday.  “The Supreme Court was wrong to allow the CEO of a corporation to use his personal beliefs to block the coverage of something as basic as birth control.  Almost all women use birth control at some point in their lives and preventative health care for women should not be a controversial issue.  I hope Republican leaders in the House let us vote on this bill.”

Pingree is a co-sponsor of the legislation being introduced by Democrats in both the Senate and the House. U.S. Rep. Mike Michaud, D-Maine, also signed on as a co-sponsor.

The bill would require all employers to abide by the contraception mandate included in the Affordable Care Act – even if they claim religious objections.

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The bill would override the Religious Freedom Restoration Act, forcing most employers to comply with federal health-care requirements despite their religious objections. It would, however, include an exemption for houses of worship and an accommodation for religious nonprofits.

Efforts to craft the legislation were spearheaded by Murray and Sens. Mark Udall, D-Colo., and Richard Durbin, D-Ill., among others. In the House, the effort is being led by Reps. Diana DeGette, D-Colo., Jerrold Nadler, D-N.Y., and Louise Slaughter, D-N.Y.

“The Protect Women’s Health from Corporate Interference Act reinstates the ACA’s contraceptive coverage and protects the right of all Americans, men and women alike, to make decisions about their medical care in consultation with their doctor, not their boss,” said Sen. Tom Harkin of Iowa, the top Democrat on the Senate Health Committee and the author of the Affordable Care Act’s contraception mandate.

“If we allow for-profit corporations to deny coverage of birth control because of their beliefs, it’s only a matter of time before some employers attempt to refuse coverage of other vital services like immunizations, blood transfusions, and HIV treatment all in the name of religion,” Pingree added in her statement.

Still unclear is whether Democrats can muster the votes to turn this legislation into law.

Even with a slight majority in the Senate, it is not a certainty that all of the Democratic senators – especially those facing tight re-election bids in conservative states – would be willing to vote in favor of it.

 


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