weaktwos

Recently, the CA Supreme court affirmed lower court decisions compelling charities with religious connections to pay for prescription birth control. Some think this is a terrible invasion on the church. However, a review of the case facts and the history of law discussed to reach the decision seems rather well thought out, assuming you agree with the California State Law in the first place.

The court opinion can be found here: http://www.courtinfo.ca.gov/opinions/documents/S099822.DOC

Here's an excerpt of the facts stated in the court opinion:
As mentioned, the WCEA permits a “religious employer” to offer prescription drug insurance without coverage for contraceptives that violate the employer’s religious tenets. (Health & Saf. Code, § 1367.25, subd. (b).) The act defines a “religious employer” as “an entity for which each of the following is true: [] (A) The inculcation of religious values is the purpose of the entity. [] (B) The entity primarily employs persons who share the religious tenets of the entity. [] (C) The entity serves primarily persons who share the religious tenets of the entity. [] (D) The entity is a nonprofit organization as described in Section 6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.” (Ibid.) The cited provisions of the Internal Revenue Code exempt, from the obligation to file an annual return, “churches, their integrated auxiliaries, and conventions or associations of churches” (26 U.S.C. § 6033(a)(2)(A)(i)) and “the exclusively religious activities of any religious order” (id., § 6033(a)(2)(A)(i) and (iii)).
Catholic Charities does not qualify as a “religious employer” under the WCEA because it does not meet any of the definition’s four criteria. (See Health & Saf. Code, § 1367.25, subd. (b)(1)(A)-(D).) The organization candidly acknowledges this in its complaint, offering the following explanation: “The corporate purpose of Catholic Charities is not the direct inculcation of religious values. Rather, [its] purpose . . . is to offer social services to the general public that promote a just, compassionate society that supports the dignity of individuals and families, to reduce the causes and results of poverty, and to build healthy communities through social service programs such as counseling, mental health and immigration services, low-income housing, and supportive social services to the poor and vulnerable. Further, Catholic Charities does not primarily employ persons who share its Roman Catholic religious beliefs, but, rather, employs a diverse group of persons of many religious backgrounds, all of whom share [its] Gospel-based commitment to promote a just, compassionate society that supports the dignity of individuals and families. Moreover, Catholic Charities serves people of all faith backgrounds, a significant majority of [whom] do not share [its] Roman Catholic faith. Finally, . . . Catholic Charities, although an exempt organization under 26 U.S.C. § 501(c)(3), is not a nonprofit organization pursuant to [s]ection 6033(a)(2)(A)(i) or (iii) of the Internal Revenue Code of 1986. Consequently, . . . Catholic Charities is not entitled . . . to an exemption from the mandate imposed by [the WCEA].”

So the question is, if you disagree with the criteria for what constitutes a religious employer, what would your criteria be?

Also, if you think that the law about women's contraception is unfounded, why?