NEWS

Dordt College exempted from contraceptive mandate

Tony Leys
tleys@dmreg.com

A Christian college in northwest Iowa does not have to pay for some types of contraceptives for employees — at least for the time being — a federal judge ruled Wednesday.

Health news

Dordt College in Sioux Center had sued in court to be exempted from a requirement of the Affordable Care Act, which requires most employers to provide contraceptive coverage to employees. The college, which is aligned with the Christian Reformed Church, is one of numerous organizations that have contended the law violates its religious convictions.

Dordt, which insures 191 employees plus their dependents, has said its plan covers most forms of birth control. However, Dordt leaders objected to the government determining the college isn't a religious organization. College leaders also don't want to cover certain medications, such as the "morning-after pill," which they consider a method of abortion.

The Sioux Center college's lawsuit, filed against the secretary of the U.S. Department of Health and Human Services, included a similar contention from Cornerstone University in Michigan.

U.S. District Judge Mark Bennett of Sioux City ruled Wednesday that the colleges were temporarily exempted from the requirement. Bennett noted in his ruling that the U.S. Supreme Court is expected to rule soon on the same issue in a case involving the Hobby Lobby store chain.

Bennett wrote that he decided to grant an injunction to Dordt College and Cornerstone University because the rule was to take effect on them on June 1. Bennett wrote that he weighed the possible harm to the colleges against the possible harm to supporters of the Affordable Care Act. He concluded that the biggest possible harm to the defendants is that they might have to wait a few months to see the mandate enforced on the two colleges if the Supreme Court rules against Hobby Lobby.

Supporters of the mandate contend that it will provide access to an important, legal health service to Americans. Detractors say it forces some employers to pay for services they find morally wrong. The mandate does not apply to churches or similar institutions, but it does apply to groups affiliated with religions.

The Obama administration tailored a compromise, under which employers that objected to the contraceptive mandate wouldn't have to directly pay for the services, but critics say that offer did not go far enough.

Bennett also noted that the 8th U.S. Circuit Court of Appeals, whose territory includes Iowa, also has granted two such injunctions for employers that objected to the contraceptive mandate.

Dordt College President Erik Hoekstra expressed gratitude for at least temporary relief from the rule. "We'll continue to monitor the situation, but we're hopeful, and we expect the courts to ultimately reach the correct conclusion and protect religious freedom by declaring enforcement of the mandate unconstitutional," he said in a prepared statement.

Angie Remington, a spokeswoman for Planned Parenthood of the Heartland, said Wednesday that it's unfair for employers to deny such coverage.

"Every woman's health needs are as unique as she is," Remington wrote in an email to the Register. "A woman takes birth control for any number of reasons other than family planning, including to control certain medical conditions or prevent pregnancy due to a serious health risk. When employers refuse to cover birth control as a part of their employees' benefits, this becomes a health care issue and an economic issue for a woman and her family, especially if she is struggling to make ends meet."