by A.F. Alexander

This article examines the legal ramifications and significance of the issues surrounding the birth control battle between Federal law and the Catholic Church et al objections.  It is not as simple as first presented and will certainly have long-lasting repercussions.

What is a precedent and how important is it?
A precedent is a court case’s legal decision that may be used as a standard in subsequent similar cases. Roe vs. Wade set a legal precedent and because of that court decision abortion became legal. Prior court case decisions are cited often in legal cases to demonstrate that their side is already on established ground and thus should win.

The approaching birth control-insurance coverage showdown will set a precedent that could dramatically shape this country going forward. But, the legal precedent that may be set has some serious ramifications that have gone largely unconsidered. We shall explore a few of those issues in this article.

Religious Exemption from law as a precedent
The Catholic Church (at last count there were well over forty separate legal actions) has filed legal responses to the requirement for insurance companies to cover the cost of birth control pills. This is the most common form of contraception and impacts all employees of Catholic hospitals and other Catholic enterprises or charities, whether the women are Catholic or not. The Catholic Church, is aggressively pushing for a religious exemption from this federal law that impacts a third party, insurance companies, to cover what is considered common preventative care. Continue reading →