This notion of the Affordable Care Act (ACA, a.k.a. Obamacare) as a violation of a person’s religious liberty persists because it sounds like a convincing argument. It isn’t, of course, or the law wouldn’t have been ruled constitutional by the (majority Catholic) US Supreme Court. There are two main reasons why this argument does not hold water:
- It is a red herring.
- It is not sound policy.
It is a red herring because it mischaracterizes the way the law works. That the Supreme Court has ruled that the law is constitutional in its entirety (including this contraception mandate) should be sufficient to illustrate why this objection is irrelevant, but I’ll elaborate further for the sake of being comprehensive.
The religious “moral objection” issue seeks to erroneously portray the law (savvy readers might recognize this terminology as indicative of a straw man) by claiming that the law requires employers to provide contraception for their employees. This is false. So what does this law do? It does three things:
- It mandates that people carry health insurance.
- It mandates that employers of a certain size (50+ employees) offer health insurance.
- It regulates the insurance industry.
At the abstract level, that’s “all” it does.