The contraception mandate in the new health care reform law accommodates religious beliefs. It exempts houses of worship from having to provide contraceptive coverage without a co-pay. Church-affiliated organizations like schools and hospitals need only send a short form to their insurance administrator, which takes care of the coverage.
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There is no breach of religious freedom, nor any undue burden involved. But that was not enough for a judge of the Federal District Court in Brooklyn, Brian Cogan, who decided that even filing a form is too much to ask. He ruled in favor of two high schools and two health care systems affiliated with the Roman Catholic Archdiocese of New York under the Religious Freedom Restoration Act.
Under the law, the federal government may not "substantially burden a person's exercise of religion" unless the government demonstrates that the burden is the least restrictive means of furthering a compelling interest. The judge said the government had not proved a compelling interest and that there are better, less restrictive ways to achieve the government's goal. But Judge Cogan should never have reached those issues since requiring religious-affiliated entities to inform insurance administrators that they wish to exclude contraceptive coverage — which some already do — does not rise to a "substantial burden" on religious exercise by any reasonable standard.
This case is among dozens challenging the birth control mandate. The Supreme Court agreed to hear two cases involving secular for-profit companies. What Judge Cogan missed, and the justices need to recognize, is the threat to religious liberty comes from employers trying to impose their religious views on workers.
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