Published Tuesday, July 3, 2001
Despite theological objections, the Catholic Church's charitable arm must offer its California employees birth control through their health plans, a state appellate court ruled Monday.
The court rejected the church's constitutional attack on a recent state law requiring employers to include contraception in insurance packages that provide prescription drug coverage.
"This is a great day for women in California," said Katherine Kneer, CEO of Planned Parenthood Affiliates of California.
The three-judge panel found the Women's Contraceptive Equity Act, which took effect in California on Jan. 1, 2000, does not violate state or federal religious freedoms.
The statutes "have a secular purpose, do not advance or inhibit religion, and do not foster excessive government entanglement with religion," Presiding Justice Arthur G. Scotland wrote for the court.
Attorneys for the Catholic Charities of California, who said the legislation "did violence to our state's constitution," are considering an appeal to the state Supreme Court.
"From our preliminary review of the court's lengthy opinion, it appears to be deeply flawed in its application of both the state and federal guarantees of religious liberty," legal counsel Jim Sweeney said in a written statement.
Church leaders, who filed the lawsuit last year in Sacramento, argued that Catholic Charities shouldn't be forced to violate church doctrine by offering birth control to its employees.
The Catholic Church teaches that contraception, and the promotion of it, is a sin.
The state law, which was designed to eliminate discriminatory insurance practices, has a "conscience clause" that allows employers to opt out if they meet certain criteria, including hiring workers who share their religious tenets.
The Catholic Charities admits it does not meet those requirements, since nearly 75 percent of the group's employees aren't Catholic.
Nevertheless, the organization argues it is duty bound to serve the needy, and, under the California law, that obligation conflicts with its moral opposition to contraception.
"We've been commanded to care for the sick and feed the hungry and clothe the poor," said Carol Hogan, the group's spokeswoman. "We've been told by the California Legislature that those activities are secular, but we've been commanded by Jesus to do them. We're sort of at an impasse."
Although the Women's Contraceptive Equity Act has spurred a debate over religious doctrine, it was envisioned as an insurance reform measure. The court agreed, pointing out that women were unfairly burdened by the insurance industry's reluctance to cover birth control pills.
Due in large part to this exclusion, Scotland wrote in his 58-page opinion, women pay up to 68 percent more in out-of-pocket health care costs than men do.
"The court said California has an interest in protecting the rights of women seeking reproductive health services in their health insurance coverage," said Kneer of Planned Parenthood, which pushed for the legislation.
Reach Matt Sebastian at 925-943-8257 or [email protected].
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