During oral arguments in the U.S. Supreme Court on Tuesday which focused on whether the contraceptive mandate in the Affordable Care Act violates the free exercise of religion, Justices Sonia Sotomayor and Elena Kagan suggested employers who have moral objections to birth control should not provide health care coverage for their employees.
“But isn’t there another choice nobody talks about, which is paying the tax, which is a lot less than a penalty… than the cost of health insuranceat all?”
“No, I don’t think that that’s the same thing, Mr. Clement,” Kagan said. “There’s one penalty that is if the employer continues to provide health insurance without this part of the coverage, but Hobby Lobby would choose not to provide health insurance at all.
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