Supreme Court: Some employers can refuse to offer free birth control

Supreme Court: Some employers can refuse to offer free birth control
The high court on Wednesday said 7-2 the administration acted properly when it allowed more employers who cite a religious or moral objection to opt out of covering birth control. (Source: CNN, File)

WASHINGTON (AP) — The Supreme Court ruled broadly Wednesday in favor of the religious rights of employers in two cases that could leave more than 70,000 women without free contraception and tens of thousands of people with no way to sue for job discrimination.

In both cases the court ruled 7-2, with two liberal justices joining conservatives in favor of the Trump administration and religious employers.

In the more prominent of the two cases, involving President Barack Obama's health care overhaul, the justices greenlighted changes the Trump administration had sought. The administration announced in 2017 that it would allow more employers to opt out of providing the no-cost birth control coverage required under the law, but lower courts had blocked the changes.


In one of those earlier cases, the court rejected Trump's effort to end legal protections for 650,000 young immigrants. In another, the justices said a landmark civil rights law protects gay, lesbian and transgender people from discrimination in employment.


In its second big ruling on Wednesday, the court sided with two Catholic schools in California in a decision underscoring that certain employees of religious schools can't sue for employment discrimination.

Lay teachers whose contracts had not been renewed had sued their schools. But Justice Samuel Alito wrote in his majority opinion: "When a school with a religious mission entrusts a teacher with the responsibility of educating and forming students in the faith, judicial intervention into disputes between the school and the teacher threatens the school's independence in a way that the First Amendment does not allow."

The court's birth-control decision was cheered by conservative groups, and White House spokeswoman Kayleigh McEnany joined in. "Today's Supreme Court ruling is a big win for religious freedom and freedom of conscience," she said in a statement.

Liberal groups and Democrats, including House Speaker Nancy Pelosi, decried the decision, which she called a "fundamental misreading" of the health care law. Presumptive Democratic presidential nominee Joe Biden said the decision will make it "easier for the Trump-Pence Administration to continue to strip health care from women."




Justice Ruth Bader Ginsburg cited those numbers in dissenting.

"Today, for the first time, the Court casts totally aside countervailing rights and interests in its zeal to secure religious rights to the nth degree," she wrote in a dissent joined by Justice Sonia Sotomayor.


"The ACA's contraceptive mandate ... has existed for approximately nine years. Litigation surrounding that requirement has lasted nearly as long," Thomas wrote.






In the religious-schools discrimination case, the court had ruled unanimously in 2012 that the Constitution prevents ministers from suing their churches for employment discrimination, but the justices didn't rigidly define who counts as a minister.


Associated Press writer Mark Sherman contributed to this report.

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