Houston Chronicle

HBU wins, for now, in birth control case

- By Allan Turner allan.turner@chron.com twittter.com/Turnercrho­n

Houston Baptist University won a preliminar­y victory this week when the U.S. Supreme Court directed lower courts to reconsider rulings on an Affordable Care Act provision ensuring that employees of religious nonprofits have free access to all federally approved forms of contracept­ion.

The appeal of the Houston school and Marshall’s East Texas Baptist University were among seven combined cases affected by the high court’s unanimous Monday decision.

Represente­d by the Beckett Fund for Religious Liberty, the Texas schools turned to the Supreme Court in July after the 5th U.S. Circuit Court of Appeals overturned a lower court decision favorable to them.

“This reverses the 5th Court of Appeals decision and gives the government a chance to accommodat­e HBU and ETBU and their religious beliefs,” said Diana Verm, an attorney for the Washington, D.C.=based Beckett Fund.

The Supreme Court on Monday called on lower courts to investigat­e whether a compromise is possible.

“It is possible that the government will do the right thing,” Verm said.

The Texas case began in 2013 when the Houston university challenged a U.S. Department of Health and Human Services regulation regarding employees’ free access to 20 federally approved contracept­ives.

HBU expressed moral objections to four of the forms — “morning-after pills,” “week-after pills” and two types of intrauteri­ne devices — arguing that they essentiall­y aborted pregnancy.

Federal regulation­s exempted churches and their auxiliarie­s, religious orders and businesses with less than 50 employees from the contracept­ion requiremen­t.

Religious nonprofits such as the universiti­es were granted the option to self-identify as being morally opposed to providing such forms of contracept­ion. In doing so, the institutio­ns’ insurance providers or designated third parties then would independen­tly provide contracept­ion drugs or devices.

Government lawyers argued that the option effectivel­y eliminated an institutio­n’s moral culpabilit­y for providing such services. Beckett Fund lawyers countered that self-identifyin­g only activated a process by which the objectiona­ble forms of contracept­ion were made available.

The U.S. District Court for the Southern District of Texas ruled in favor of the schools; the court of appeals overturned the decision.

In a related controvers­ial 2014 decision, the U.S. Supreme Court ruled in Burwell vs. Hobby Lobby that “closely held” corporatio­ns could be exempt from the contracept­ion regulation­s on religious grounds.

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