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Healthcare mandate

Florida joins multi-state suit over Obama contraception requirement

 

A multistate challenge has been launched against the Obama administration’s requirement that free contraceptive and related services be provided to employees of religious groups.

Herald/Times Tallahassee Bureau

Seven states, including Florida, have decided to take on President Barack Obama’s mandate that health insurance policies include coverage for contraceptives.

The lawsuit, filed Thursday in a federal court, asserts that the requirement violates religious institutions’ First Amendment rights by forcing them to promote a message that contradicts their religious principles.

The mandate has been strongly opposed by Catholic bishops and an array of religious entities. The state of Nebraska is leading the lawsuit, which also lists as plaintiffs a Catholic school, two Catholic organizations, two individuals and Michigan, Ohio, Oklahoma, South Carolina, Texas and now Florida.

Florida Attorney General Pam Bondi said requiring religious organizations to include contraception, sterilizations and related services as part of healthcare coverage violates religious protections in the U.S. Constitution.

“Government has no business forcing religious institutions and individuals to violate their sincerely held beliefs,” Bondi said in a statement. “This lawsuit is about protecting religious liberty and the rights of conscience, our most basic freedoms as Americans.”

The Obama administration has defended its decision, saying the rule assures that a woman can have access to free contraception regardless of where she works or whom she works for.

Bowing a bit to critics, the president offered a compromise this month that would require insurance companies to pick up the cost of providing contraceptives on behalf of religious employers. Opponents insist that the only acceptable solution is a broad exemption for religious organizations.

The lawsuit, which lists three federal agencies and agency heads as defendants but not Obama, asks the court to prevent the government from enforcing the new rule.

The U.S. Department of Health and Human Services, which has been handling response to the issue and is listed as one of the defendants, said it does not comment on pending litigation.

Meanwhile, Congress and several state legislatures, including Florida’s, may take action before a judge ever rules on the case.

During discussion on anti-abortion legislation Thursday, a Florida House committee broached the debate.

State Rep. Scott Plakon, R-Longwood, filed an amendment intended to prevent health insurance companies from being required to offer coverage for contraception, sterilization or abortions.

Plakon later withdrew the amendment, but Rep. Elaine Schwartz, D-Hollywood, criticized the move as an infringement on women’s rights.

“In every area they want choice — choice of insurance coverage, individual choice — except for women’s reproductive rights,” Schwartz said after the committee meeting.

Plakon withdrew his amendment because it was not related to the abortion legislation, under legislative rules. He hopes to attach it to some other piece of legislation.

Congress is also considering legislation, sponsored by Sen. Marco Rubio, R-Fla., to repeal the contraception and sterilization rule.

Staff writers Katie Sanders and Brittany Davis contributed to this report. Tia Mitchell can be reached at tmitchell@tampabay.com.

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