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John Boehner: Obama administration is violating the First Amendment

The State Column | Wednesday, February 08, 2012

House Speaker John Boehner vowed Wednesday to fight the Obama administration over a controversial rule mandating that health insurance cover basic birth control services for women, including individuals working at at Catholic charities, hospitals and universities.

“In imposing this requirement, the federal government is violating a First Amendment right that has stood for more than two centuries. And it is doing so in a manner that affects millions of Americans and harms some of our nation’s most vital institutions,” said Mr. Boehner said. “If the president does not reverse the [Health and Human Services] Department’s attack on religious freedom, then the Congress, acting on behalf of the American people and the Constitution we are sworn to uphold and defend, must.”

“This attack … cannot stand and will not stand,” Mr. Boehner added.

The Ohio Republican’s stand comes as President Obama and the White House vowed to enforce the mandate, while hinting that it is willing to consider alternatives aligned with the intent of the health care law. Speaking Wednesday at the White House, press secretary Jay Carney said Mr. Obama will seek to ease concerns of critics, adding that he intends to implement the rule to give women access to contraceptives.

“The president is committed to ensuring that women have access to contraception without paying any extra cost no matter where they work,” said Mr. Carney. “Right now, we are focused on the implementation of this rule and doing what we said back on Jan. 20, when Secretary Sebelius announced it, which was work with those who have concerns to see if there is a way to implement this policy to ensure that woman everywhere have the same level of health care coverage and the same access to preventative services.”

The issue, which is set to place Mr. Obama’s controversial health care law at the front and center of the Republican presidential primary, has faced criticism from numerous circles in recent days. Campaigning earlier this week, former Pennsylvania U.S. Senator Rick Santorum, who is Catholic, called the White House’s comments “ridiculous” while speaking in Colorado on Monday. Former House Speaker Newt Gingrich, also a Catholic, has also declared the policy a war on religious freedom.

The provision has also ignited a firestorm of debate on Capitol Hill, where Florida U.S. Senator Marco Rubio has introduced a bill to further expand the exemption for religious employers.

“I think their mind-set then was different than it is today,” said Mr. Rubio. “I continue to say that the best outcome here would be for the White House to do this” — that is, reverse the decision.

The top Republican on the Senate Judiciary Committee, Senator Chuck Grassley, and Iowa Republican, urged the Obama administration to rescind the provision.

“As currently written, this mandate will result in litigation that could be avoided if HHS issued a regulation that showed greater respect for religious freedom,” Mr. Grassley wrote in a letter to Health and Human Service Secretary Kathleen Sebelius.

Senate Minority Leader Mitch McConnell, a Kentucky Republican, said congressional Republican echoed Mr. Rubio’s efforts, saying the leadership would issue a legislative response to Mr. Obama’s decision.

“We’re discussing the appropriate response,” Mr. McConnell told reporters Wednesday. “The three senators you’ve heard from are involved in those discussions. We’ll let you know when we decide what approach we’re going to take.”

Meanwhile, U.S. Catholic bishops have slammed the Obama administration, contending the policy infringes on religious liberty because the church does not condone birth control of any kind. Over the weekend, Catholic clergy across the country called for congregations to pressure Mr. Obama to back down.

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