To Pay or Not to Pay…For Contraceptives

The Classic Debate of Separation of Church and State

January 2012

Department of Health and Human ServicesRequired health care plans include preventative

health care coverage Specifically: Contraceptives

Religious non-profitable Organizations are not exempt from the mandateSchools, Hospitals, Charities (Pear, Robert. "U.S. Clarifies Policy on Birth Control for

Religious Groups." Nytimes.com. The New York Times, 16 Mar. 2012. Web. 27 Mar. 2012. <http://www.nytimes.com/2012/03/17/health/policy/obama-administration-says-birth-control-mandate-applies-to-religious-groups-that-insure-themselves.html?_r=1>.)

Dilemma at Hand

Protests from some religious and conservative groups

Roman Catholic Church

Claims to be violating religious liberties Majority of religious affiliated employers polled “opt

out” for contraceptive issue 21-point margin, 57-36 (Madison, Lucy. "Poll: Most Say Employers Should Be Allowed Not to Cover

Contraception." CBSNews. CBS Interactive, 12 Mar. 2012. Web. 28 Mar. 2012. <http://www.cbsnews.com/8301-503544_162-57395832-503544/poll-most-say-employers-should-be-allowed-not-to-cover-contraception/>.)

Argument: Contraceptives (State)

Improves access to healthcare in all 50 states

Allows individuals to choose the birth control that is right for them without stress of monthly co-pays or up-front costs

Free access will reduce unwanted pregnancies and lower abortion rates (Pear, Robert. "U.S. Clarifies Policy on Birth Control for Religious Groups."

Nytimes.com. The New York Times, 16 Mar. 2012. Web. 27 Mar. 2012. <http://www.nytimes.com/2012/03/17/health/policy/obama-administration-says-birth-control-mandate-applies-to-religious-groups-that-insure-themselves.html?_r=1>.)

Argument: Opt Out (Church)

Violation of “separation of church and state” in 1st Amendment of the Constitution “Congress shall make no law respecting an

establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” -1st Amendment

Interpretation of 1st Amendment

1st Option- The Constitution gives government power to regulate some aspects of religion, and that the 1st Amendment only establishes a national church ("Position of the Different Sides in the Separation Debate." Welcome to The Constitutional

Principle: Separation of Church and State Page. Web. 27 Mar. 2012. <http://candst.tripod.com/tnppage/view3.htm>.)

2nd Option- The Constitution gives no authority to the government over religion and 1st Amendment bans all types of interference with religion ("Position of the

Different Sides in the Separation Debate." Welcome to The Constitutional Principle: Separation of Church and State Page. Web. 27 Mar. 2012. <http://candst.tripod.com/tnppage/view3.htm>.)

Brief Summary

A benefit to the public good

Angry religious organizations of infringement upon religious freedom

Cannot please both by choosing one or the other

Mediation

President Obama put into action a plan:

Insurance companies would fund the coverage, not religious groups

This compromise works to address the concerns of both groups by allowing access to preventive health care options without requiring religious organizations to sanction or bear the costs of providing contraceptives to their employees (Pear, Robert.

"U.S. Clarifies Policy on Birth Control for Religious Groups." Nytimes.com. The New York Times, 16 Mar. 2012. Web. 27 Mar. 2012. <http://www.nytimes.com/2012/03/17/health/policy/obama-administration-says-birth-control-mandate-applies-to-religious-groups-that-insure-themselves.html?_r=1>.)

Bigger Picture

Correlation of Contraceptive Issues and Separation of Church and State

Compromise was needed in order to solve Health Care Problem

Relating to Church and State: Both will have to compromise varying on the issue if there is to be peace

Works Cited

Madison, Lucy. "Poll: Most Say Employers Should Be Allowed Not to Cover Contraception." CBSNews. CBS Interactive, 12 Mar. 2012. Web. 28 Mar. 2012. <http://www.cbsnews.com/8301-503544_162-57395832-503544/poll-most-say-employers-should-be-allowed-not-to-cover-contraception/>.

Pear, Robert. "U.S. Clarifies Policy on Birth Control for Religious Groups." Nytimes.com. The New York Times, 16 Mar. 2012. Web. 27 Mar. 2012. <http://www.nytimes.com/2012/03/17/health/policy/obama-administration-says-birth-control-mandate-applies-to-religious-groups-that-insure-themselves.html?_r=1>.

 "Position of the Different Sides in the Separation Debate." Welcome to The Constitutional Principle: Separation of Church and State Page. ND. Web. 27 Mar. 2012. <http://candst.tripod.com/tnppage/view3.htm>.