There’s been no let-up in the debate about the Obama administration’s rule requiring most employers to provide prescription birth control to their workers without additional cost. Bu here’s the rub: The only truly novel part of the plan is the “no cost” bit. The Catholic community in particular has been up in arms about the legislation, saying it will require them to pay for a service that violates their faith. But this is a fight that’s been fought before. Multiple states, including California and New York, have passed similar laws, which have held up in state courts when challenged by religious institutions. Said Sarah Lipton-Lubet, policy counsel with the ACLU, ”In both the California and New York cases, Catholic Charities made arguments very similar to the ones being made now with respect to the HHS rule. Those arguments failed in that litigation, and they’re no more persuasive here.” 

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