Baptist News Global
Sections
  • News
  • Analysis
  • Opinion
  • Curated
  • Storytelling
    • Faith & Justice >
      • Charleston: Metanoia with Bill Stanfield
      • Charlotte: QC Family Tree with Greg and Helms Jarrell
      • Little Rock: Judge Wendell Griffen
      • North Carolina: Conetoe
    • Welcoming the Stranger >
      • Lost Boys of Sudan: St. John’s Baptist Charlotte
      • Awakening to Immigrant Justice: Myers Park Baptist Church
      • Hospitality on the corner: Gaston Christian Center
    • Signature Ministries >
      • Jake Hall: Gospel Gothic, Music and Radio
    • Singing Our Faith >
      • Hymns for a Lifetime: Ken Wilson and Knollwood Baptist Church
      • Norfolk Street Choir
    • Resilient Rural America >
      • Alabama: Perry County
      • Texas: Hidalgo County
      • Arkansas Delta
      • Southeast Kentucky
  • More
    • Contact
    • About
    • Donate
    • Planned Giving
    • Letters to the Editor
    • Advertising
    • Ministry Jobs and More
    • Transitions
    • Subscribe
    • Submissions and Permissions
Support independent, faith-based journalism. Donate
Search Search this site

Supreme Court sidesteps constitutional challenge to Obamacare

NewsBob Allen  |  May 16, 2016

The U.S. Supreme Court sidestepped the constitutional question May 16 of whether Obamacare’s contraceptive mandate substantially burdens the rights of certain faith-based organizations to exercise their religion, sending seven cases back to lower courts after both sides conceded there may be room for compromise.

Judgments in lawsuits filed by groups ranging from an order of Catholic nuns to colleges and universities affiliated with Southern Baptist state conventions to the Southern Baptist Convention agency that insures ministers, churches and ministry organizations across the country were vacated and remanded for reconsideration by the United States Courts of Appeals for the Third, Fifth, 10th and D. C. Circuits.

After hearing oral arguments in March about whether an opt-out for groups like religious colleges and social service agencies that don’t qualify for automatic exemption from the contraceptive mandate afforded to churches and denominational offices is the least-restrictive means of achieving a compelling state interest, the eight Supreme Court justices asked both the government and the groups challenging Obamacare more questions.

In supplemental briefs submitted to the court, the religious groups said they would not object to their insurance companies providing contraceptive coverage to their employees as long as they did not have to do anything to their own insurance plans to help make it happen. The government said procedures could be modified to meet its goal of seamlessly offering cost-free contraceptive coverage in keeping with a court order.

In light of those responses, a court that appeared divided and possibly headed toward a 4-4 deadlock said it isn’t necessary for them to address the central constitutional issues until both sides have had a chance to iron out an approach that accommodates religious exercise while serving the government’s interest of ensuring that women covered by employee health care plans “receive full and equal health coverage,” including reproductive health.

The Becket Fund for Religious Liberty, which represents parties including the Catholic order Little Sisters of the Poor, claimed the Supreme Court decision as a win.

“The court has accepted the government’s concession that it can get drugs to people without using the Little Sisters,” said Becket Fund senior counsel Mark Rienzi. “The court has eliminated all of the bad decisions from the lower courts, and the court has forbidden the government from fining the Little Sisters even though they are refusing to bow to the government’s will. It is only a matter of time before the lower courts make this victory permanent.”

barrylynnMUG

Barry Lynn

Others criticized it as a “non-decision” that prolongs the legal battle. Barry Lynn of Americans United for Separation of Church and State said the Supreme Court “punted this case so hard it flew into next year” and puts a vital component of women’s health back in limbo.

“No other medication, medical procedure or medical device has been subject to this level of scrutiny by the Supreme Court,” said Lynn, an ordained minister in the United Church of Christ. “These never-ending legal challenges have given religious groups far too much power over the medical and reproductive decisions of their students and staff. It’s time to break that grip.”

O.S. Hawkins, president of GuideStone Financial Resources of the Southern Baptist Convention, which is exempt from the contraceptive mandate but filed one of the lawsuits on behalf of many ministries it insures that are not, posted on Twitter calling the ruling “great news” about “protecting religious freedom.”

Unlike the nuns, whose Catholic teaching rejects the use of any artificial birth control, evangelical organizations including Truett-McConnell College in Georgia, East Texas Baptist University, Houston Baptist University, Oklahoma Baptist University and Reaching Souls International in Oklahoma City object only to certain forms, like intrauterine devices and emergency or “morning after” birth control pills that take effect after conception, which they regard as abortifacients.

Russell Moore, president of the SBC Ethics and Religious Liberty Commission, expressed mixed feelings about the decision.

“In some ways, this is something we ought to celebrate, that the court did take into account these basic principles of religious liberty,” Moore said in a video message recorded outside the Supreme Court building. “In other ways, the very fact that we had to have this argument ought to remind us of how far we have to go in persuading our neighbors that soul freedom is not a government grant; soul freedom is a right given by God.”

The Baptist Joint Committee for Religious Liberty filed a brief in the case supporting the government’s effort to accommodate religion in the Affordable Care Act.

“Today’s decision does not resolve the controversy, nor will it necessarily change the results in the lower courts that previously ruled in favor of the government,” said Holly Hollman, general counsel of the Baptist Joint Committee. “It does, however, allow the parties to further refine their arguments about notice requirements and how employees will be covered.”

Tags:ObamacareReligious LibertySouthern Baptist ConventionBaptist Joint Committee for Religious LibertyReligious FreedomSupreme CourtAffordable Care ActAmericans United for Separation of Church and StateGuideStone Financial ResourcesLittle Sisters of the PoorEthics and Religious Liberty CommissionBecket Fund for Religious Libertycontraceptive mandate
Bob Allen
More by
Bob Allen
  • Get BNG headlines in your inbox

  • Featured

    • How American exceptionalism is killing America

      Opinion

    • Join Ryan Burge and Mark Wingfield for a free webinar on the ‘nones’

      News

    • When pastors change churches during a global pandemic, it takes creativity and perseverance

      News

    • It’s up to the Senate now to fix our democracy

      Opinion


    Curated

    • Public policy leader Weston Ware dies at age 88

      Public policy leader Weston Ware dies at age 88

      April 12, 2021
    • Panel advances bill to let Arkansas teachers talk creationism

      Panel advances bill to let Arkansas teachers talk creationism

      April 9, 2021
    • Are LGBTQ students at Christian schools discriminated against? A lawsuit, scholarly studies say yes.

      Are LGBTQ students at Christian schools discriminated against? A lawsuit, scholarly studies say yes.

      April 8, 2021
    • A Georgia church, kicked out of the SBC for allowing gay members, wants to make sure ‘everybody’s welcome’

      A Georgia church, kicked out of the SBC for allowing gay members, wants to make sure ‘everybody’s welcome’

      April 8, 2021
    Read Next:

    De La Torre calls for ‘badass believers’ to decolonize Christianity

    NewsJeff Brumley

    More Articles

    • All
    • News
    • Opinion
    • Curated
    • Join Ryan Burge and Mark Wingfield for a free webinar on the ‘nones’

      NewsBNG staff

    • It’s up to the Senate now to fix our democracy

      OpinionElder Lee Harris

    • De La Torre calls for ‘badass believers’ to decolonize Christianity

      NewsJeff Brumley

    • Here’s something to try on for size: Talk about things that are ‘more-than-human’

      OpinionCody J. Sanders

    • Another Friday night, another Supreme Court rapid ruling on churches and COVID

      NewsMark Wingfield

    • Would Jesus wear $800 sandals?

      OpinionTerry Austin

    • Now Beth Moore is taking on patriarchy in the church

      NewsMark Wingfield

    • When pastors change churches during a global pandemic, it takes creativity and perseverance

      NewsJeff Brumley

    • Angry man with bulldozer severely damages Dellanna West O’Brien School in Liberia

      NewsGrace Thornton

    • Where is Mike Huckabee?

      OpinionRobert P. Sellers

    • American Christianity in China also imports gender bias and Calvinism

      AnalysisRick Pidcock

    • We cannot now close our border to those fleeing the horror we helped create

      OpinionChris Conley

    • That time I went to the school board meeting to speak against banning books

      OpinionMark Wingfield

    • Chip Gaines writes about building a network of support and not being constrained by conventional wisdom

      NewsMaina Mwaura

    • What I found hidden in my mother’s Bible after her death

      OpinionKim Brewer

    • Months after two hurricanes, vaccinated volunteers finally heading to Lake Charles

      NewsJeff Brumley

    • Four ways to help others through grief and mourning amid social isolation

      OpinionJacob George

    • Ministry jobs and more

      NewsBarbara Francis

    • Understanding human capital makes volunteer recruitment easier

      AnalysisBrian Foreman and Justin Nelson

    • Contrary to what you’ve heard, study finds churches thrive with racial diversity

      NewsCynthia Astle

    • CBF Benefits Board names executive vice president and COO

      NewsMark Wingfield

    • A few good men?: Promising Young Woman and the culture of abuse

      OpinionGreg Garrett, Senior Columnist

    • In state legislatures, a push against trans teens, for churches as ‘essential’ and seeking to define ‘religious freedom’

      NewsMark Wingfield

    • I knew the truth about women in the Bible, and I stayed silent

      OpinionBeth Allison Barr

    • How American exceptionalism is killing America

      OpinionRichard T. Hughes

    • Join Ryan Burge and Mark Wingfield for a free webinar on the ‘nones’

      NewsBNG staff

    • De La Torre calls for ‘badass believers’ to decolonize Christianity

      NewsJeff Brumley

    • Another Friday night, another Supreme Court rapid ruling on churches and COVID

      NewsMark Wingfield

    • Now Beth Moore is taking on patriarchy in the church

      NewsMark Wingfield

    • When pastors change churches during a global pandemic, it takes creativity and perseverance

      NewsJeff Brumley

    • Angry man with bulldozer severely damages Dellanna West O’Brien School in Liberia

      NewsGrace Thornton

    • Chip Gaines writes about building a network of support and not being constrained by conventional wisdom

      NewsMaina Mwaura

    • Months after two hurricanes, vaccinated volunteers finally heading to Lake Charles

      NewsJeff Brumley

    • Ministry jobs and more

      NewsBarbara Francis

    • Contrary to what you’ve heard, study finds churches thrive with racial diversity

      NewsCynthia Astle

    • CBF Benefits Board names executive vice president and COO

      NewsMark Wingfield

    • In state legislatures, a push against trans teens, for churches as ‘essential’ and seeking to define ‘religious freedom’

      NewsMark Wingfield

    • What we missed most about in-person church, what’s coming back and what’s likely to change

      NewsJeff Brumley

    • If you want to help the poor, first understand their humanity

      NewsJeff Brumley

    • Second Easter during pandemic brings greater sense of hope nationwide

      NewsMark Wingfield

    • In Tigray, Ethiopia, six months of pain, suffering and disaster

      NewsAnthony Akaeze

    • Ryan Burge sifts the data to paint an evolving portrait of the ‘nones’

      NewsJeff Brumley

    • Transitions for the week of 4-2-21

      NewsBarbara Francis

    • 25 faith-based schools named in LGBTQ discrimination case against Department of Education

      NewsMark Wingfield

    • Less than half of Americans now claim a formal congregational membership

      NewsJeff Brumley

    • Ministry jobs and more

      NewsBarbara Francis

    • Virginia interfaith leaders explain how other states could abolish death penalty just as Virginia has done

      NewsJeff Brumley

    • New data on COVID vaccine efficacy is good news for faith leaders seeking to be influencers

      NewsMark Wingfield

    • Georgia mom is an advocate for organ donation because her son is one of the longest-living heart transplant recipients in the nation

      NewsJeff Brumley

    • Arkansas allows medical providers to deny service based on a provider’s own ethics or religious beliefs

      NewsMark Wingfield

    • It’s up to the Senate now to fix our democracy

      OpinionElder Lee Harris

    • Here’s something to try on for size: Talk about things that are ‘more-than-human’

      OpinionCody J. Sanders

    • Would Jesus wear $800 sandals?

      OpinionTerry Austin

    • Where is Mike Huckabee?

      OpinionRobert P. Sellers

    • We cannot now close our border to those fleeing the horror we helped create

      OpinionChris Conley

    • That time I went to the school board meeting to speak against banning books

      OpinionMark Wingfield

    • What I found hidden in my mother’s Bible after her death

      OpinionKim Brewer

    • Four ways to help others through grief and mourning amid social isolation

      OpinionJacob George

    • A few good men?: Promising Young Woman and the culture of abuse

      OpinionGreg Garrett, Senior Columnist

    • I knew the truth about women in the Bible, and I stayed silent

      OpinionBeth Allison Barr

    • How American exceptionalism is killing America

      OpinionRichard T. Hughes

    • The end of American exceptionalism

      OpinionSteve Sullivan

    • To live into Easter, we need to keep writing a new song

      OpinionLaura Mayo

    • How to find resilience for the long run of COVID, as we’re ‘almost there, but not quite yet’

      OpinionPaula Mangum Sheridan

    • George Floyd’s murder: Knowing what cannot be unseen

      OpinionWendell Griffen

    • The habits of churches that need resurrection

      OpinionBrett Younger

    • Consider the trees: A Holy Week reflection on looking up

      OpinionRick Pidcock

    • Baylor, Baptists and slavery: A way forward

      OpinionGreg Garrett, Senior Columnist

    • Admitting our part in ‘Good’ Friday

      OpinionSteve Sullivan

    • Why I’ll remember 2021 as ‘The Year with Two Easters’

      OpinionTyler Tankersley

    • Holy Week 2021: Justice, gospel and cups of cold water

      OpinionBill Leonard, Senior Columnist

    • Through Scripture, understanding that my speech is a form of prayer

      OpinionEarl Chappell

    • This Holy Week, let us ‘go in peace’

      OpinionCurtis Ramsey-Lucas

    • Seeing gun violence as a pro-life issue

      OpinionShane Claiborne and Michael Martin

    • A Holy Week reflection on justice and the Cross

      OpinionDavid Gushee, Senior Columnist

    • Public policy leader Weston Ware dies at age 88

      Curated

      Exclude from home pageBNG staff

    • Panel advances bill to let Arkansas teachers talk creationism

      Curated

      Exclude from home pageBNG staff

    • Are LGBTQ students at Christian schools discriminated against? A lawsuit, scholarly studies say yes.

      Curated

      Exclude from home pageBNG staff

    • A Georgia church, kicked out of the SBC for allowing gay members, wants to make sure ‘everybody’s welcome’

      Curated

      Exclude from home pageBNG staff

    • Faith leaders call for elimination of Senate filibuster

      Curated

      Exclude from home pageBNG staff

    • Joe Biden is not planning to solve the Israeli-Palestinian conflict

      Curated

      Exclude from home pageBNG staff

    • Christian nationalism is a barrier to mass vaccination against COVID-19

      Curated

      Exclude from home pageBNG staff

    • Celebrity lineup to read King’s anti-war speech on assassination anniversary

      Curated

      Exclude from home pageBNG staff

    • Montana House backs bill on religious challenges to rules

      Curated

      Exclude from home pageBNG staff

    • Georgia faith leaders to leave water bottles around Capitol in protest of new voter laws

      Curated

      Exclude from home pageBNG staff

    • Vatican makes moral case for supporting people displaced by climate change

      Curated

      Exclude from home pageBNG staff

    • Baylor partnership brings Baptist Standard archive online

      Curated

      Exclude from home pageBNG staff

    • Survey: Most Americans know Biden is Catholic, far fewer know Harris’ religion

      Curated

      Exclude from home pageBNG staff

    • Georgia’s new GOP election law draws criticism, lawsuits

      Curated

      Exclude from home pageBNG staff

    • At nationwide rallies, Christians stand up for Asian Americans

      Curated

      Exclude from home pageBNG staff

    • Appellate court arguments set for Charleston church shooter

      Curated

      Exclude from home pageBNG staff

    • Franklin Graham unfazed after evangelical base blasts him for encouraging vaccines

      Curated

      Exclude from home pageBNG staff

    • Shooter at Kansas Jewish centers appeals death sentence

      Curated

      Exclude from home pageBNG staff

    • Like Beth Moore, many women preachers have had to break free to follow God’s call

      Curated

      Exclude from home pageBNG staff

    • Texas health care provider ordered to pay former employees for mandating prayer and religious discussions

      Curated

      Exclude from home pageBNG staff

    • Many QAnon followers report having mental health diagnoses

      Curated

      Exclude from home pageBNG staff

    • Final vote results show major setback for Israel’s Netanyahu

      Curated

      Exclude from home pageBNG staff

    • “We are complicit”: Only some churches are offering real reparations and repentance for slavery

      Curated

      Exclude from home pageBNG staff

    • Pope Francis reduces cardinal wages as Vatican finances struggle due to pandemic

      Curated

      Exclude from home pageBNG staff

    • Growing number of Southern Baptist women question roles

      Curated

      Exclude from home pageBNG staff

    Conversations that Matter.

    © 2021 Baptist News Global. All rights reserved.

    Want to share a story? We hope you will! Read our republishing, terms of use and privacy policies here.

    • Facebook
    • Twitter
    • Instagram
    • LinkedIn
    • RSS