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Washington Times | Obamacare’s other constitutional problem





The line of those waiting at the courthouse itching for a chance to derail  Obamacare just got longer. So far, the Catholic Church and 30 of the nation’s  governors have taken the lead to battle against the health care law’s  requirement that states establish health insurance exchanges and that abortion  coverage be subsidized. Now private companies are enlisting in the fight.

Take the craft retail chain Hobby Lobby,  whose operations reflect the Christian views of the Green family, its founder  and owner. The company self-insures, so under Obamacare, it faces daily fines in  excess of $1.3 million unless the Green family violates its religious beliefs  and offers its 13,000 employees full coverage for items, including “morning  after” abortion pills beginning Jan. 1. The only other option for the company is  to drop coverage of employees altogether and pay a $2,000 per employee annual  tax. That’s still very expensive for the employer, and it’s probably worse for  their employees.

Hobby Lobby found itself in this situation  after the Department  of Health and Human Services issued a regulation requiring employers provide  coverage of contraception and related services, regardless of religious belief.  The regulation had a narrow, one-year safe harbor for religious institutions,  but it offered no relief for private employers running a for-profit business.  Some 40 cases with about 100 plaintiffs are challenging the regulation. At heart  of this litigation is the scope of the First Amendment’s free exercise of  religion clause, and the role of religious belief in the daily life of American civil society.

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