For the past four years, the Obama administration and its friends on the Left were careful to claim that they still strongly support religious liberty while arguing that Hobby Lobby’s Green family, Conestoga Wood Specialties’ Hahn family, and others like them must lose. Principally, they contended, religious liberty protections could not be applied to Hobby Lobby because (1) It is a for-profit corporation, (2) It isn’t a church (and thus not a true “religious employer,” and (3) It is wrong on the science—Plan B, a copper intrauterine device, et cetera, they claimed, do not cause abortions. They implied, if not claimed outright, that they would surely support religious freedom in another case, but Hobby Lobby was unworthy to claim its protections.
The State of California is now calling their bluff. California’s Department of Managed Health Care has ordered all insurance plans in the state to immediately begin covering elective abortion. Not Plan B. Not contraceptives. Elective surgical dismemberment abortion.
At the insistence of the American Civil Liberties Union, the DMHC concluded that a 40-year-old state law requiring health plans to cover “basic health services” had been misinterpreted all these decades. Every plan in the state was immediately ordered, effective August 22, to cover elective abortion. California had not even applied this test to its own state employee health plans (which covered only “medically necessary” abortions). But this novel reading was nevertheless quietly imposed on every plan in the state by fiat.
This California mandate is in blatant violation of federal law that specifically prohibits California from discriminating against health care plans on the basis that they do not cover abortion. Alliance Defending Freedom and Life Legal Defense Foundation have filed administrative complaints with the HHS Office of Civil Rights (which oversees this federal law) on behalf of individual employees and seven California churches forced into abortion coverage in violation of their conscience.
Let’s hope and pray they win their case, and force California to permit insurance companies to have health care plans which exclude coverage of abortion.