Court says Catholic businessman can fight contraception mandate
http://www.washingtonpost.com/national/on-faith/court-says-catholic-businessman-can-fight-contraception-mandate/2012/11/29/98c8f720-3a63-11e2-9258-ac7c78d5c680_allComments.html?ctab=all_&
What is being said is that ONLY THE MOST EXPENSIVE OPTION (That is having a baby and birthing the baby) should be covered and subsidized by all rate-payers in the insurance policy pool. The LEAST COST OPTION (not having a baby, not giving birth) is not allowed to be in the policy pool for choosing by the employee.
Insurance policies are paid by SOMEBODY. That somebody is the usually the person whose name is on the policy. The policy may be paid by WAGES, which the employer has no say-so over, as CASH MONEY is the SOLE PRIVATE PROPERTY OF THE EMPLOYEE, or paid by a combination of WAGES AND BENEFITS.
The BENEFITS are also WAGES in a slightly different form. They are cash wages deferred and devoted to specific incentives for employees to work for the employer. They are still private property of the employee, in exchange for SWEAT OFF OF HER BROW. Wages are not any form of employer property once paid.
In no sense can wages, or wages & benefits, be considered property of the employer. The labors of the employee have been transferred to the employer and the employee receives PRIVATE PROPERTY of wages and benefits transferred to the employee in return. EMPLOYERS cannot dictate how the cash portion can be spent. Employers cannot dictate how the benefits options can be spent either -- it is NOT THEIR PROPERTY.
An insurance policy has a name on it whom is the beneficial owner of the private property.
Employers may be churches in rare circumstances, but if they are engaged in MAMMON, in selling services or products, then they are not churches. MAMMON is not recognized as a dodge to avoid laws that apply to "businesses" whom are organized as "businesses", whom are taxed as "businesses", whom are regulated as "businesses" and whom re licensed under the BUSINESS LAW CODE.
If an entity is licensed as a business under the business law code then it is NOT A CHURCH. It cannot commit a crime of fraud by impersonating a church. All Americans may utilize the business (sit and eat at lunch counters, for example) with discrimination. All citizens can be hired without fear of religious discrimination in hiring. Employers cannot impose their private moral code or religious beliefs on employees.
The anti-discrimination protections which apply to hiring also apply to wages and benefits. Employers cannot pressure employees to follow particular religious beliefs or practices.
There is a CHURCH EXEMPTION to certain laws, but businesses licensed to do business under business laws cannot commit fraud an impersonate churches for the purposes of evading laws prohibiting religious discrimination in hiring.
Requiring the LOWEST COST OPTION of not having a baby with all the pre and post birth medical expenses and 26 years the child could be on the parent's policy is withing govt power.
It is an OPTION of freewill choice. No person is obligated to choose the option. The MAMMON offering the business of insurance is required to offer the option.