March 2012 ANPRM About Contraceptives Asks Questions, Does Not Solve Issues Print PDF

On March 16th, the federal government released an "Advanced Notice of Proposed Rulemaking" (ANPRM) on the controversial health-insurance contraceptives mandate with its very narrow exemption for religious organizations. The ANPRM was hailed by some as showing the administration’s solution to the religious freedom concerns of faith-based service organizations—which are not eligible for the exemption. In fact, the ANPRM is only a request for comments on a set of ideas—it contains no actual new regulations.

 

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Religious Leaders to the President:  Don't Curtail Our Religious Hiring Freedom Print PDF

Activists are again pressing the Obama administration to curtail religious hiring by religious organizations that receive government funding.  In response, IRFA in July organized a letter from faith leaders to the President, asking him to stand up against the pressure and to maintain current policy.

 

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Faith-Based Services and the Contraceptives Mandate Print PDF

On February 10, 2012, President Obama promised modifications to the mandate that he said would better protect the religious freedom and conscience rights of faith-based service organizations. However, the only actual regulation enacted so far only exempts from the mandate churches, not religious charities, universities, hospitals, etc. The administration has provided little detail on a promised new regulation to protect parachurch ministries, but its central feature has been termed by many a “fig leaf.”  The mandate requires insurance plans with start dates of August 1, 2012, or later to include birth control, including abortion-inducing contraceptives and sterilization.  As of now, the only actual protection parachurch ministries have from this requirement is a year-long “safe harbor” from federal enforcement of the mandate for a subset of organizations.

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Misleading ABA Guide to Workplace Law Print PDF

The American Bar Association says that its Guide to Workplace Law (2nd ed., 2006) is "the most comprehensive guide of its kind" and "essential reading for anyone who wants to know their legal rights and responsibilities in the workplace."  But the book is entirely misleading for faith-based organizations—surely a major audience of employers.

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ADVICE TO THE PRESIDENT

The federal faith-based initiative, extending back into the Clinton administration, has always been about improving the government's relationship with private organizations--secular and faith-based, large and small--that serve needy people and communities. It has involved many program innovations, organizational changes, and reforms of rules. At the center has always been action to ensure that faith-based organizations can collaborate with government programs without having first to suppress or hide their religious identity and faith-shaped practices.

President Barack Obama has promised an expanded and improved faith-based initiative. At a minimum, his initiative must not backtrack on the gains that have been made to ensure equal opportunity for faith-based organizations to participate in federally funded programs.

Equally important, the President should work with Congress to ensure that other federal rules and regulations--in areas that do not necessarily involve government funds, such as accreditation, employment rules, and tax-exempt status--are fair to faith-based organizations, safeguarding their religious identity and characteristics.

For the Coalition to Preserve Religious Freedom's advice to candidate Barack Obama,  go here .