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Biden Admin Halts Birth Control Rule, Boosts Employers’ Rights

The Biden administration has decided to hit the brakes on proposed regulations aimed at steamrolling employers’ rights to decide whether to provide birth control coverage for their employees. Yep, that’s right. The Department of Health and Human Services (HHS) announced the withdrawal of rules that would have prevented employers from opting out based on “non-religious moral objections” to the Affordable Care Act’s contraception mandate. In typical Biden fashion, the administration seems more focused on shifting priorities than supporting actual freedom of choice.

The news came via a notice in the Federal Register, where HHS pulled the plug on these rules, citing a desire to focus their “time and resources on matters other than finalizing these rules.” One can only speculate what pressing issues are keeping the folks at HHS busy, but one thing is certain: It’s definitely not about protecting the conscience rights of employers. Apparently, these regulations must have looked too much like a shiny toy that the administration didn’t want to play with—especially with the clock ticking down to the end of Biden’s tenure and a potential resurgence of Donald Trump.

This decision is great news for organizations like the Becket Fund for Religious Liberty, which has heroically defended the Little Sisters of the Poor against the government’s heavy-handed attempts to force compliance with mandates that go against their deeply-held beliefs. The Sisters have found themselves fighting incessantly in court, and finally, they can breathe a little easier knowing that the burdensome regulations are being rescinded. The Becket Fund cheekily noted that “Christmas came a little early this year,” highlighting their victory over a government that has taken aim at their faith for far too long.

Under the axe of the ACA’s birth control mandate, the poor Little Sisters were faced with the prospect of either abandoning their principles or shelling out millions in fines. Let’s face it: forcing nuns to play by the government’s rules for something that contradicts their very mission is about as popular as a late-night infomercial for fruitcake. Thankfully, the court battles instigated by the Sisters have been on pause, providing a glimmer of hope that final victory is on the horizon, especially now that these restrictive proposals have been thrown into the trash bin of history.

Those proposed regulations would have carved out a loophole, allowing employees of religious organizations to still snag their free birth control without their employers needing to bend over backward to facilitate it. But by tossing these proposals, HHS essentially leaves in place Trump-era regulations that returned power to employers—religious, secular, big, or small—who wish to claim an exemption from the contraceptive coverage demands. This is a significant win for personal liberty and a triumph against government overreach in the private sector.

As it stands, under the ACA, employers are mandated to cover a range of services without patient cost-sharing, including contraceptive coverage. Unlike the Biden administration’s plans, which seemed intent on imposing regulations for the sake of control, the Trump rules recognized that employers should have a say in matters that conflict with their faith or beliefs. With this recent rescindment, there’s hope that the Little Sisters and like-minded organizations will finally see the justice they’ve been fighting for—a Christmas miracle indeed.

Written by Staff Reports

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