Catholic Charities must cover prescription contraceptives, rules California court

By The Associated Press

07.03.01

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SACRAMENTO — A Catholic charity organization must comply with a state law requiring employers to include contraception in health plans that cover prescription drugs, the 3rd District Court of Appeals in Sacramento ruled yesterday.

Catholic Charities of Sacramento argued in a lawsuit filed July 2000 that the law should be set aside because it violates the group's religious freedom.

The law "was enacted to eliminate discriminatory insurance practices that had undermined the health and economic well being of women," the court said in its ruling, and "does not advance or inhibit religion."

Despite the importance of contraception to women and its longtime availability, the court wrote, contraceptives aren't included in 49% of health plans, "whereas most drugs approved by the Food and Drug Administration apply almost immediately."

Sandra Michioku, spokeswoman for Attorney General Bill Lockyer, welcomed the decision, saying Lockyer "had argued the law should not be set aside and that it was applied without bias toward Catholic Charities."

James F. Sweeney, the attorney for Catholic Charities, said lawmakers "specifically targeted" the Roman Catholic Church, because it considers contraception wrong.

Now, the court is forcing Catholic Charities "to act in direct contradiction of its religious, moral and ethical beliefs, and any people of faith should be deeply disturbed," Sweeney said.

He added that the law's "conscience" clause excuses organizations hiring and serving people who share their religious beliefs.

That exemption is a "fig leaf," Sweeney said, and it doesn't cover the Catholic Church, which includes "all our various ministries, as well as health care ministries, our service ministries, our schools and universities."

Francis Kissling, president of Catholics for a Free Choice, which filed a brief in favor of the law, said the decision was especially important in light of the mergers among Catholic and non-Catholic hospitals and the Bush administration's effort to provide more money to religious institutions.

"Any religious institution that receives substantial government funding, provides services to the general public, and employs people of all faiths should be required to meet all state requirements for the provision of health services," Kissling said.

"We hope that other states and Congress look carefully at the decision and come to the same conclusion" said Kathy Kneer, president of the Planned Parenthood affiliate of California. "This ruling, in addition to the recent ruling in Seattle, should ensure that the gap in contraceptive coverage is closed for all insured women."

In the Seattle case, a federal court decided the Bartell Drug company had to cover birth control pills in its health coverage.

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