Dayton Business Journal
Who's the boss on birth control coverage? The employer or government?
Kent Hoover

Does a corporation have religious rights? That's the question the U.S. Supreme Court wrestled with Tuesday as they heard arguments from two businesses that contend they shouldn't be required to provide their employees with coverage for all forms of birth control.

These businesses, Hobby Lobby and Conestoga Wood Specialties Corp., contend that the morning-after pill and certain intrauterine devices violate their religious beliefs because they endanger fertilized eggs, and they believe life begins at conception. Under the Affordable Care Act, these forms of contraception as well as other means of birth control are an essential health benefit that must be provided at no cost to employees.

Hobby Lobby is a family-owned business with around 600 crafts stores around the country. Conestoga Wood Specialties Corp. is an East Earl, Pa.-based cabinet maker that is owned by a Mennonite family. Both businesses are large enough to be subject to Obamacare's employer mandate and would face financial penalties if they don't offer health plans that meet the law's requirements.

At issue is whether corporations have the same rights as individuals to freely exercise their religious beliefs. The Obama administration contended they don't.

The court appeared to be sharply divided on this issue.

If businesses in this case can claim a religious exemption from the Affordable Care Act, "then you would see religious objections come out of the woodwork," said Justice Elena Kagan, according to The Hill.

Justice Antonin Scalia, however, said, "There is not a single case that says a for-profit corporation can't make a free religion claim...

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