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Thursday, March 21, 2013

Contraception: Tim Jones Still Fighting Birth Control Mandate After Ruling, Cites Free Speech

Posted By on Thu, Mar 21, 2013 at 8:45 AM

click to enlarge Tim Jones - VIA
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  • Tim Jones

Should employers and insurers in Missouri be allowed to deny coverage of birth control if it violates their religious beliefs? A federal judge, as we reported earlier this week, ruled that they cannot be exempt -- in a decision overturning a Missouri law that directly contradicted President Barack Obama's federal policy for mandatory coverage.

But House Speaker Tim Jones says the debate is not over. The Republican representative sent a letter yesterday urging the attorney general's office to appeal the decision, arguing that this is a matter of free speech.

"The First Amendment trumps the overreach of Obamacare and its mandates," Jones writes in the letter, on full view below.

Is this a lost cause for Jones -- or will the legal battle wage on?

See also: - Missouri Legislature Overturns Nixon's Veto on Anti-Contraception Bill - St. Louis Archdiocese Fight Against Contraception: Mandate Lawsuit Dismissed - Could GOP Bill Prevent Rape Victims From Accessing Emergency Contraception?

It's up to the office of Attorney General Chris Koster, a Democrat, who could appeal the ruling that has invalidated the GOP-backed law. His office told us earlier this week that it was reviewing the decision, and it appears that as of yesterday, it's still uncertain if Koster will appeal.

click to enlarge VIA

The law in question -- which was vetoed by Governor Jay Nixon, but passed anyway when the legislature overturned the veto -- established religious and moral exemptions for birth control coverage in the state. But the federal decision, which did not weigh in on the actual merits of mandatory coverage, said that it is unconstitutional for Missouri to have a law that directly violates federal law.

Jones says in his letter to Koster:

Not only does the federal government lack the authority to mandate that a business provide a commodity at no cost, it is also a simple matter of fact that insurance companies will not take a penalty to their profits to comply with this portion of the federal healthcare law. Instead, they will pass the cost along to their customers, meaning that those organizations which object to paying for abortion-inducing drugs will still be paying the cost of coverage; it just will not be itemized on their bills....

By filing an appeal on behalf of our state and arguing against the constitutionality of the contraception mandate, you can help to protect our right to religious freedom from being interfered with by a federal government which has clearly overreached its constitutional authority.

Continue for more on the birth control fight and for the full letter.

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