Anti-Hobby Lobby Bills Proposed

Author: Gloria Ju

UPDATE: On July 16, the Senate bill failed to get enough votes to advance, with a final vote of 56-43.

July 16, 2014

Democratic senators have introduced a bill, the Protect Women's Health from Corporate Interference Act of 2014, to counter the Supreme Court's recent decision in Burwell v. Hobby Lobby. The bill would prohibit employers from refusing to provide health coverage, including contraceptive coverage, guaranteed to employees and dependents under federal law. In Hobby Lobby, the Supreme Court ruled that closely held, for-profit corporations have the right to refuse to provide access to contraceptives if they have religious objections to the Affordable Care Act's (ACA's) contraceptive coverage mandate.

The bill would restore the ACA's legal guarantee that gave women access to contraceptive coverage through their employment-based insurance plans. Specifically, it would prohibit employers from:

  • Singling out women's health for discriminatory treatment;
  • Imposing their religious beliefs on their employees; and
  • Refusing to provide other types of health care coverage (e.g., vaccines, blood transfusions, HIV treatment).

The bill would retain the exemption provided by ACA regulations for houses of worship and continue to allow an accommodation for religious nonprofit organizations that object to contraceptive coverage.

"After five justices decided…that an employer's personal views can interfere with women's access to essential health services, we in Congress need to act quickly to right this wrong," said Senator Patty Murray, one of the bill's sponsors. "This bicameral legislation will ensure that no CEO or corporation can come between people and their guaranteed access to health care, period."

Members of the House have introduced a similar bill, stating: "Our bill simply protects employees' rights to all federally mandated health services, including contraception. A woman's private medical decisions should be between her, her doctor and whomever else she wishes to consult - they should not be subject to approval by politicians, Supreme Court justices or bosses."