Monday, November 26, 2012

Frivolous ACA Lawsuits?

As some of you may know, despite the SCOTUS upholding the ACA, there are still legal challenges being fought. Chief among them, at least in terms of newsworthiness, is Liberty University's claim that the ACA violates First Amendment rights in requiring employers to provide health insurance for employees where that insurance covers contraception. Their argument is essentially that the requirement violates their religious freedoms--contraception being against the religious beliefs of the Christian evangelical school's doctrine.

A quick primer on First Amendment and religion: there are 2 primary 'rights' under the First Amendment related to religion. The first is the Establishment Clause, which essentially enforces the concept that church and state should be separate--another way of saying this is that the Federal government cannot favor one religious institution over another. The second is the Free Exercise of Religion clause which protects the beliefs of individuals from encroachment by the government (which is why, for example, we have laws protecting the right of refusal of treatment in favor of prayer).

So how exactly would the ACA be violating one or both of these rights? I am curious as to their Establishment Clause argument, as the law makes no mention of any religion, let alone favoring one over another. This leaves the Free Exercise clause.

A classic First Amendment case on point is the practically stone-age Reynolds vs. United States (1878) which held that laws banning polygamy did not violate the free exercise clause. The Court drew a clear distinction between beliefs and practices, saying that laws could not touch beliefs, but could regulate practices which may be extreme (i.e. polygamy, human sacrifice, etc.). The practice here, would be the failure to provide health insurance in furtherance of religious beliefs (guarding against sinful contraception).

Without going into the whole mess, I believe very strongly that Liberty University will lose this lawsuit. Among other reasons, the ACA does not require Liberty University to directly provide contraceptive services. It requires Liberty University to provide health insurance, a requirement which has been upheld by SCOTUS. The fact that health plans are required to provide contraceptive services is irrelevant. Liberty University's lawsuit is a poorly-veiled dig at the Obama Administration and, I believe, verges on the edge of frivolity.

1 comment:

Michele said...

Thanks for the post & primer, Justin!