Religious Exemptions to the Contraception Mandate in the Affordable Care Act

Abstract

At the center of the controversy surrounding the legislation of the Patient Protection and Affordable Care Act (ACA) the contraception mandate calls for group health plans to cover contraception costs. The mandate part of a seemingly straightforward effort to enhance preventive care for women has elicited criticism from religious and conservative groups who believe it violates certain employers’ religious freedoms. In the wake of the objections that covering contraception costs would violate some religious freedoms interim final rules were published in August 2011 announcing that churches would be exempt from the mandate. Further compromises have been made and guidelines for religious exemption drafted to accommodate self-insured religious institutions while ensuring that women receive contraceptive coverage. The author discusses challenges to the current legislation and the multitude of lawsuits faced by the government as well as the current status of the mandate. It is likely that there will be further adjustments to the contraception mandate down the road.