Regulation

House Republicans fuming over ‘regurgitated’ birth control mandate

House Republicans are fuming over the latest attempt by the Obama administration to require companies to provide contraceptives coverage to their employees.

In a letter to Health and Human Services Secretary Sylvia Mathews Burwell sent this week, a group of 51 lawmakers led by Rep. Diane Black (R-Tenn.) says the agency’s new rule essentially “regurgitates” the controversial birth control mandate that was struck down by the Supreme Court in June.

The lawmakers accuse the HHS of showing a “blatant disregard” for religious freedom.

“Religious liberty applies to all, and any rule that attempts to limit who may exercise these freedoms is unconstitutional and intolerable,” they write.

Rep. Daniel Lipinksi (Ill.) was the only Democrat to join the letter.

After the Supreme Court struck down the Obama administration’s birth control mandate in Burwell v. Hobby Lobby, the HHS came out with a retooled proposal in August that allows companies with religious objections to inform the government they will not cover contraceptives. 

The Health Department called the new rule an attempt to “balance our commitment to helping ensure women have continued access to coverage for preventive services important to their health, with the administration’s goal of respecting religious beliefs.”

But critics argue the new rule makes no substantial changes, because the HHS would then require the insurer to offer contraceptive coverage to these employees independent of the company.

“Notifying the administration of their objection so that the administration can direct their insurance company to provide the coverage anyway is hardly different from the prior process,” the lawmakers write.

Furthermore, the lawmakers expressed concerns that the HHS will limit which companies qualify for religious exemptions.

“The government has taken it upon itself to determine what is morally acceptable to conscionable objectors,” the lawmakers write.