Local bishops react to news Supreme Court will hear appeal on birth control
Local bishops are reacting positively to news the U.S. Supreme Court will hear an appeal from seven petitioners — including the Roman Catholic Diocese of Pittsburgh — that challenges a provision of the Affordable Care Act to provide birth control to employees of faith-based charities and schools.
“We are grateful that the U.S. Supreme Court has decided to hear our case and consider whether the mandate to facilitate insurance coverage for contraceptives, and other practices contrary to Catholic teaching, violates the Religious Freedom Restoration Act,” said Bishop David A. Zubik of the Pittsburgh diocese, which includes Greene and Washington counties.
“I pray that the Supreme Court upholds the right of Catholic organizations and others to practice our faith in the public square without being forced by government regulation to violate our beliefs and moral conscience,” said Bishop Edward C. Malesic of the Roman Catholic Diocese of Greensburg, which includes Fayette County, and has filed a similar but separate lawsuit.
Both bishops released statements through their dioceses.
John D. Goetz, attorney for Jones Day law firm, which represents the Pittsburgh, Erie and Greensburg dioceses, said arguments for the case will be heard by the Supreme Court in March. A decision is expected in June. He noted the outcome of this decision will affect the Greensburg case.
Other petitioners include Catholic and Protestant entities, such as the Roman Catholic Diocese of Erie, and Geneva College, based in Beaver County and governed by the Reformed Presbyterian Church. They have all filed lawsuits against Health and Human Services Secretary Sylvia Burwell.
Goetz said, “It’s a fundamental issue of religious liberty.”
Goetz explained the HHS mandate exempts houses of worship, such as employees of a church or diocese, from providing coverage for abortifacient drugs, contraceptives and sterilization in a group health plan.
Non-profit organizations, such as Catholic Charities, which are operated under the umbrella of a diocese, however, must sign a written objection and deliver it to the benefits provider, who will contact the employees directly to offer the coverage free of charge.
Goetz said the entities are challenging this process.
“We believe requiring these organizations to sign an accommodations form, which facilitates coverage for items that violate the Catholic faith, substantially burdens their religious exercise because the form results in coverage provided to employees that they find offense to their faith,” Goetz said.
Zubik noted in his statement, “That federal law, which was enacted in order to respect the teachings of all religious bodies and the practices of individual believers, goes to the very heart of our concerns” and noted the insurance mandate “would require us to facilitate access to contraceptives, sterilization and abortifacients contrary to our teaching.”
Malesic said the HHS mandate is “morally unacceptable to many, including Catholics who follow the teachings of the church. Being forced to provide them violates our First Amendment rights.”
Malesic continued, “I continue to actively and prayerfully support the efforts of these groups, and I urge the people of the Diocese of Greensburg to continue to pray for the successful outcome of this critically important judicial action that is now before the Supreme Court.”
Zubik added, “We are encouraged that the Supreme Court will hear our case and are hopeful that they will rule to protect not only our religious liberty but that of all Americans.”