There are concrete ways to achieve this, the comments noted. For instance, employees seeking contraception coverage could have a separate plan for it under the same insurer, like they might have for dental or vision coverage. They could also purchase a health plan with contraception coverage on the state exchanges set up under the Affordable Care Act. The government could also create a separate plan to provide the coverage.
However, the bishops in no way endorse the use of contraceptives, which is against Church teaching, the comments insisted. Rather, they are pointing out that alternative methods exist for employees to have contraception coverage – which is the government's goal – while not forcing religious groups to violate their beliefs.
"The intended effect of contraceptives is to take a perfectly healthy human reproductive system and render it temporarily or permanently infertile. As a matter of sound health care policy and practice, this is entirely backwards, as the goal of medicine, properly understood, is to cure or prevent health problems," the comments explained.
"Contraceptives not only fail to cure or prevent health problems, they actually cause such problems. Indeed, today there is a virtual cottage industry of litigation against pharmaceutical manufacturers involving injuries resulting from contraceptive use," they added, noting the HHS's own research showing a heightened risk of cancer from the use of oral contraceptives.
"The petitioners have done their part by describing, in good faith and in great detail, a way to reach an amicable resolution. But the petitioners cannot change the regulations – only the Administration can do that. And so once again, we urge the Administration, in the strongest possible terms, to do its part to end this well, by choosing to pursue its policy goals in a way that fully respects – rather than knowingly disregards – the sincerely held and repeatedly stated religious objections of a substantial minority of our civil society."
Matt Hadro was the political editor at Catholic News Agency through October 2021. He previously worked as CNA senior D.C. correspondent and as a press secretary for U.S. Congressman Chris Smith.