Three weeks after oral arguments in what could be the most important abortion rights case in a generation, the U.S. Supreme Court is poised Wednesday to hear a second reproductive-rights case with potentially huge stakes. The central question in Zubik v. Burwell is whether President Obama’s signature health care law, the Affordable Care Act, improperly forces religious nonprofits — everything from nursing homes to universities — to compromise their beliefs by requiring them to take part in a process that requires employee health insurance to pay for contraceptives. Legal analysts have called the caseHobby Lobby Part 2, and like that landmark 2014 ruling by the high court, Zubik has implications far beyond the realm of reproductive health care.
The religious groups contend that even the simple act of signing a bureaucratic form violates their core beliefs if it helps employees obtain birth control. “It’s an unprecedented challenge to the very process by which a religious objector gets out of complying with the law,” said Gretchen Borchelt, vice president for reproductive rights and health at the National Women’s Law Center. “This is something we have not seen before.” A ruling in favor of the religious nonprofits would not only undermine key provisions of the ACA, but it could lead to challenges to laws meant to protect gays and lesbians from discrimination, Borchelt said.
The religious petitioners make their own slippery-slope argument. “We could quickly see this turning into abortion coverage as something mandated,” said Patrick Reilly, president of the Cardinal Newman Society, a Catholic education watchdog. “We could even see mandatory coverage for the drugs needed for assisted suicide in states that have legalized it.”
To help sort through the issues raised by the case, here are answers to some of the most common questions.
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