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In a surprising 7-2 decision, the Supreme Court will allow religious employers to opt out of employee benefits for birth control.
This ruling strikes down an aspect of Obamacare that has long vexed republicans. The proviso held that employers had to cover birth control, even if their religious beliefs consider birth control unacceptable.
The move is a big win for the Trump administration, which has sought to dismantle Obamacare entirely. However, this case was focused narrowly on the contraceptive proviso, affording it a laser-focus that served to bolster it.
Lower courts blocked the administration’s move to strike down the contraceptive measure. As such, this day comes as a victory for the otherwise slumping White House.
The case comes as a shock to many – if not for its content, then for the way the Justices voted.
The 7-2 majority surprised some pundits, who expected a 5-4 split over the issue. In the majority opinion, Justice Clarence Thomas wrote that the government “had the statutory authority to craft that exemption, as well as the contemporaneously issued moral exemption.”
He continued, commending the Little Sisters of the Poor, a Catholic group that beseeched the court to take up the case. “For the past seven years, they — like many other religious objectors who have participated in the litigation and rulemakings leading up to today’s decision — have had to fight for the ability to continue in their noble work without violating their sincerely held religious beliefs.”
The Supreme Court’s current makeup tends to rule in favor of religious institutions. Also on Wednesday, the court ruled that employee discrimination laws don’t protect teachers at religious schools. This follows a pattern of the court going soft on religious institutions during the current session.
The ruling caused religious small businesses and massive chains alike to celebrate. From smaller employers to chains like Hobby Lobby, this move will likely leave thousands of women scrambling for coverage for their contraceptives. Religious business owners claim that offering contraceptives for their employees violated their deeply held beliefs.
On the other hand, women’s rights activists decried the move. They believe it proves Medicare for All is necessary in the US. Relying on employers to provide healthcare has had a number of complications, especially during the coronavirus pandemic. Employees who lose their jobs due to widespread closures also lose their health coverage, causing a cascading effect of poor health.
