Contraceptive Mandate in Healthcare Law Violates Separation of Church and State

COMMENTARY | The Los Angeles Times reports that one provision of the new healthcare law states that employers, including church-run schools, hospitals and charities, must provide free contraceptives to their employees. Two different colleges have already sued to challenge the rule, and religious leaders have also indicated they will fight it. As a 24-year-old woman, here is how I feel about this new provision in the healthcare law, and how an employer should handle the situation.

The provision should not stand based on issues of religious freedom, because it is not the business of the government to mandate a policy on insurance companies. There is a separation of church and state in this country, and this healthcare law provision directly violates such separation. I am a healthy young woman, but do not think that it is appropriate to make an employee or insurance company provide me with free birth control. If I choose to have sex, then it should be up to me to purchase birth control, not have it provided to me for free. As a woman, I choose to accept those consequences that come with the decision to have sex, and it is not up to my employer to provide me with insurance that covers birth control for free. I am not religious at all, but do not feel that any religious affiliation should have to go against what they believe in. The government does not want religion to interfere with policies, but yet the government wants to tell religious institutions what to do, which is unconstitutional.

If the United States Supreme Court rules that it is Constitutional, then employers and employees should exercise their freedom not to use contraceptives if it conflicts with their beliefs. If I was an employer, and I was against the use of birth control, then I would accept the fines associated with not paying for birth control for my employees. The government does not have the right to demand anyone pay for the birth control of another person, especially when it comes to demanding a religious institution to pay for it. I firmly believe in personal responsibility, and when it comes to providing contraception to women for free, I have a real problem. Contraception is not a right in this country, and should not be given out for free to women that choose to be sexually active. Using contraception is a choice for women in this country, and providing contraception to employees should be the choice of the employer in the same way, religious affiliation or not.

Myself, Personal Opinion

David G. Savage, “Contraceptive mandate could face tough sledding in Supreme Court”, Los Angeles Times


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