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Rules proposed by the federal Department of Health & Human Services (HHS) to appease religious groups objecting to the contraceptive-abortifacient mandate in the Patient and Affordable Care Act got a cool reception from conservative groups and praise from Planned Parenthood last week, and on Tuesday (Feb. 5) the self-insurer for Southern Baptist churches and ministries weighed in, pledging continued work through legislative channels to address inadequacies in the proposal.
GuideStone Financial Resources said it would continue its collaboration with other “church plans” to apply legislative pressure while also stating its concerns during HHS’ required public comment period. GuideStone is a “self-insured” insurance provider for thousands of pastors and church and denominational employees.
“The proposed rules just issued by the government appear to provide additional, but limited, guidance for churches and ministry organizations,” the statement reads, noting that while some of the requirements for local churches may have been eased, “definitive statements at this time regarding whether or how these proposed rules could actually work are premature.”
“We recognize, with regret, that these proposed regulations do not achieve the ultimate goal of removing objectionable forms of contraceptive coverage from the healthcare arena,” GuideStone President O.S. Hawkins said.
Also, “GuideStone fully and fervently supports the actions of other believers who are pursuing actions in the courts, and we share the heart-felt concern of our fellow-believers that these proposed rules do not protect the religious liberty of all employers who seek to uphold and reflect Biblical convictions,” he said.
Last week, HHS Secretary Kathleen Sebelius said the proposal ensures “women across the nation with coverage of recommended preventive care at no cost, while respecting religious concerns.” HHS said in a statement that it was expanding the definition of what constitutes a religious organization, but groups such as the Becket Fund for Religious Liberty, a Washington-based legal group, said the proposal falls short.
Planned Parenthood President Cecile Richards, meanwhile, praised the new proposal for ensuring “the promise of women having access to birth control without co-pays no matter where they work.”
In press statements, HHS said the new proposal clarifies the definition of a religious organization to include church-affiliated institutions rather than merely “houses of worship.”
But Becket Fund, which represents several of the 44 institutions and businesses suing the government over the contraceptive and abortifacient mandate, said the proposed rule “does not meaningfully expand the ‘church-only’ exemption” and that for other religious non-profits, “HHS proposes a convoluted ‘accommodation’ that may not resolve religious organizations’ objections to being coerced into providing contraceptives and abortifacients to their employees.
“Finally, the long-awaited rule provides no concrete guidance for religious groups that are self-insured,” Becket Fund said. Self-insured religious institutions pay benefits directly instead of using a third-party insurance company as the source of benefit payments.
Becket Fund’s clients include East Texas Baptist University and Houston Baptist University, as well as Oklahoma City-based Hobby Lobby stores, a for-profit business owned by evangelical Christians. Criswell College, an SBTC affiliated ministry, has also filed a lawsuit against the mandate and is represented by Plano-based Liberty Institute.
“We are extremely disappointed with today’s announcement. HHS waited nearly a year and then gave us a proposed rule that still burdens religious liberty. It also gives no concrete guidance to self-insured religious organizations like Wheaton College. Given that today’s proposed rule was prompted in part by the D.C. Circuit’s order in the Wheaton College case, that is a remarkable and surprising omission,” said Kyle Duncan, General Counsel for the Becket Fund for Religious Liberty.
The HHS announcement came a day after U.S. Seventh Circuit appeals court ruled against the Obama administration’s abortion/contraception mandate on behalf of a Catholic-owned business in Illinois. The 2-1 ruling is likely headed to the Supreme Court.
The new HHS proposal doesn’t address for-profit companies. Without legal relief, Hobby Lobby, with more than 500 arts & crafts stores, stands to pay $1.3 million in daily fines for not offering contraceptive-abortifacient coverage to its employees, although it has delayed those fines by changing the dates of its coverage year.
A PDF of GuideStone’s statement is found here.
