January 2012
Department of Health and Human ServicesRequired health care plans include preventative
health care coverage Specifically: Contraceptives
Religious non-profitable Organizations are not exempt from the mandateSchools, Hospitals, Charities (Pear, Robert. "U.S. Clarifies Policy on Birth Control for
Religious Groups." Nytimes.com. The New York Times, 16 Mar. 2012. Web. 27 Mar. 2012. <http://www.nytimes.com/2012/03/17/health/policy/obama-administration-says-birth-control-mandate-applies-to-religious-groups-that-insure-themselves.html?_r=1>.)
Dilemma at Hand
Protests from some religious and conservative groups
Roman Catholic Church
Claims to be violating religious liberties Majority of religious affiliated employers polled “opt
out” for contraceptive issue 21-point margin, 57-36 (Madison, Lucy. "Poll: Most Say Employers Should Be Allowed Not to Cover
Contraception." CBSNews. CBS Interactive, 12 Mar. 2012. Web. 28 Mar. 2012. <http://www.cbsnews.com/8301-503544_162-57395832-503544/poll-most-say-employers-should-be-allowed-not-to-cover-contraception/>.)
Argument: Contraceptives (State)
Improves access to healthcare in all 50 states
Allows individuals to choose the birth control that is right for them without stress of monthly co-pays or up-front costs
Free access will reduce unwanted pregnancies and lower abortion rates (Pear, Robert. "U.S. Clarifies Policy on Birth Control for Religious Groups."
Nytimes.com. The New York Times, 16 Mar. 2012. Web. 27 Mar. 2012. <http://www.nytimes.com/2012/03/17/health/policy/obama-administration-says-birth-control-mandate-applies-to-religious-groups-that-insure-themselves.html?_r=1>.)
Argument: Opt Out (Church)
Violation of “separation of church and state” in 1st Amendment of the Constitution “Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” -1st Amendment
Interpretation of 1st Amendment
1st Option- The Constitution gives government power to regulate some aspects of religion, and that the 1st Amendment only establishes a national church ("Position of the Different Sides in the Separation Debate." Welcome to The Constitutional
Principle: Separation of Church and State Page. Web. 27 Mar. 2012. <http://candst.tripod.com/tnppage/view3.htm>.)
2nd Option- The Constitution gives no authority to the government over religion and 1st Amendment bans all types of interference with religion ("Position of the
Different Sides in the Separation Debate." Welcome to The Constitutional Principle: Separation of Church and State Page. Web. 27 Mar. 2012. <http://candst.tripod.com/tnppage/view3.htm>.)
Brief Summary
A benefit to the public good
Angry religious organizations of infringement upon religious freedom
Cannot please both by choosing one or the other
Mediation
President Obama put into action a plan:
Insurance companies would fund the coverage, not religious groups
This compromise works to address the concerns of both groups by allowing access to preventive health care options without requiring religious organizations to sanction or bear the costs of providing contraceptives to their employees (Pear, Robert.
"U.S. Clarifies Policy on Birth Control for Religious Groups." Nytimes.com. The New York Times, 16 Mar. 2012. Web. 27 Mar. 2012. <http://www.nytimes.com/2012/03/17/health/policy/obama-administration-says-birth-control-mandate-applies-to-religious-groups-that-insure-themselves.html?_r=1>.)
Bigger Picture
Correlation of Contraceptive Issues and Separation of Church and State
Compromise was needed in order to solve Health Care Problem
Relating to Church and State: Both will have to compromise varying on the issue if there is to be peace
Works Cited
Madison, Lucy. "Poll: Most Say Employers Should Be Allowed Not to Cover Contraception." CBSNews. CBS Interactive, 12 Mar. 2012. Web. 28 Mar. 2012. <http://www.cbsnews.com/8301-503544_162-57395832-503544/poll-most-say-employers-should-be-allowed-not-to-cover-contraception/>.
Pear, Robert. "U.S. Clarifies Policy on Birth Control for Religious Groups." Nytimes.com. The New York Times, 16 Mar. 2012. Web. 27 Mar. 2012. <http://www.nytimes.com/2012/03/17/health/policy/obama-administration-says-birth-control-mandate-applies-to-religious-groups-that-insure-themselves.html?_r=1>.
"Position of the Different Sides in the Separation Debate." Welcome to The Constitutional Principle: Separation of Church and State Page. ND. Web. 27 Mar. 2012. <http://candst.tripod.com/tnppage/view3.htm>.