http://ozarkspub.vo.llnwd.net/o37/KSMU/audio/mp3/college-ozarks-files-lawsuit-over-federal-039contraception-mandate039_45601.mp3
On Monday, College of the Ozarks filed a lawsuit against the US Departments of Health and Human Services, Labor, and the Treasury, arguing that the so-called “contraceptive mandate” in the Affordable Care Act is unconstitutional. KSMU’s Jennifer Davidson spoke with the college president and has this report.
Dr. Jerry Davis says in past years, C of O has relied on a 1964 federal exemption that allowed it to be considered a religious institution. However, Davis says President Barack Obama’s healthcare overhaul legislation puts the college in a different classification.
“Somebody, up there in the shadows of wherever those people live, decided to have another definition for what constitutes a religious employer. It is a very narrow restricted definition. I’m not even sure that Jesus and the apostles would qualify for it,” Davis said.
The Affordable Care Act makes it mandatory for insurance companies to provide free contraception services to women. The Obama Administration softened the law after religious groups protested earlier this year, and made an exemption for certain religious groups. College of the Ozarks was not one of those exempted.
According to C of O’s mission statement on its website, the college aims to “provide the advantages of a Christian education.”
Davis says the college is now compelled by the law to cover on its health insurance policy what many administrators take exception to, including the so-called “morning after pill,” as well as education and counseling about abortion.
Davis said an anti-religious attitude has permeated too many parts of American society.
“I don’t believe that that’s what was intended for America. I don’t believe that’s what the founders intended. And there’s certainly no better day to make an issue out of it than the 225 anniversary of the signing of the US Constitution,” Davis said.
The lawsuit is filed in the US Court for the Western district of Missouri. Davis says in the lawsuit, the college is asking the federal government to pay for its legal fees.
For KSMU News, I’m Jennifer Davidson.
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Supporters of the mandate say it is a major step forward in the area of women's health.