Santa Clara University

Here we go again: California, courts, abortion, Catholics, colleges, covenants, religious liberty

Did you think you’ve heard enough about religious employers, the federal government, the Little Sisters of the Poor and so on to last a lifetime?

Buckle up, because a new battle has begun.

It’s based in California, which is becoming the new Ground Zero on abortion. There, the issue isn’t federal laws, as has been the case previously.

It all began when some faculty at two Catholic institutions in southern California wanted health care plans that included abortion coverage. Here, we’re dealing with state laws; in fact, 50 sets of them. As Bloomberg explains:

... State laws on abortion coverage are governed by a different legal regime than federally mandated contraceptive care. The 1993 Religious Freedom Restoration Act bars Washington from imposing a "substantial burden" on most religious practice and was at stake in the 2014 Hobby Lobby case as well as the Little Sisters case. But it doesn’t apply to the states.  

That’s the crux right there. All the lawsuits we’ve been hearing about for the past few years (Little Sisters, Hobby Lobby) had to do with the feds. That national angle is just one layer of the wider story.

I’m going to include a few paragraphs from the beginning of a Los Angeles Times story to bring you up to date:


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Pro-abortion bias in news story on Catholic universities? Well, duh

"Biased much?" asked a reader who passed along a link to a San Francisco Chronicle story on two Catholic universities limiting employees' abortion coverage.

You mean the fact that the news report is slanted — from the very top — toward the abortion-rights point of view and leans heavily in that side's favor in the amount of ink given to direct quotes?

OK, maybe you have a point, dear reader.

Pro-abortion bias seeping into mainstream media reports is not exactly breaking news, of course. But the Chronicle makes a noble effort at perfecting the craft.

The lede sets the stage:

California has some of the nation's strongest protections for abortion rights. But the recent decisions by two Catholic universities, Santa Clara and Loyola Marymount, to eliminate most abortion insurance coverage for their employees were cleared in advance by state agencies.
Now Gov. Jerry Brown's administration is taking another look.
The state Department of Managed Health Care is conducting "an in-depth analysis of the issues surrounding coverage for abortion services under California law," said Marta Green, the department's chief deputy director.
What the department is reconsidering, as first reported by California Lawyer magazine, is whether the universities are violating a 1975 state law that requires managed health plans to cover all "medically necessary" procedures.

 


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