Hobby Lobby, a national retailer based in Oklahoma City, recently filed a lawsuit against the U.S. government after being forced to provide insurance coverage for medication related to erectile dysfunction (ED). The company, along with sister stores Dillard’s and Ulta Salon & Spa, claims that a provision in the Affordable Care Act (ACA), also known as Obamacare, which requires employers to provide coverage for contraception, sterilization, and infertility treatments, violates their rights under the U.S. Constitution. The complaint was filed in the U.S. District Court for the Western District of Oklahoma.
What Is ED?
ED, or erectile dysfunction, is the inability to achieve or maintain an erection that is strong and sustained enough for sexual intercourse. It is generally regarded as one of the most common male sexual problems. It has been reported that about 30 million American men are affected by it, and it has been estimated that the cost of treating ED in the U.S. is over $15 billion per year.
The causes of ED are varied. Some cases appear to be genetically or biologically based, while others may be caused by a combination of poor habits and lifestyle factors. In many cases, it is clear that age is a contributing factor. The older a man gets, the less likely he is to be able to achieve or maintain an erection during sexual activity. This can be both frustrating and distressing for older men and their partners. Unfortunately, there is no quick fix for ED. Treatment usually involves a combination of medications and therapy. If you or someone you know is suffering from ED, please talk to your doctor about what options are available to you.
Hobby Lobby’s Argument
In their lawsuit, filed on July 23, 2014, Hobby Lobby and its affiliates argue that the mandate in the ACA that provides insurance coverage for contraception, sterilization, and infertility treatments violates their rights under the Religious Freedom Restoration Act (RFRA). The RFRA, passed in 1993, provides that government shall not substantially burden a person’s freedom of religion. Since the contraceptive coverage mandate was passed as part of the Affordable Care Act in September of 2013, religious objectors have had to decide whether or not to provide coverage for these services in their health plan. For those who choose to do so, the employer share of the cost is deducted from the employees’ paychecks and is added to the employees’ health insurance premiums. The entire cost of the services, however, is still covered by the companies. Thus, according to Hobby Lobby, employees have no individual responsibility for the cost of the services and cannot be penalized for choosing to follow their employer’s faith in this matter.
Why Did They File This Lawsuit?
If their argument is successful, it will be the first time that a U.S. court has ruled that an employer’s religious freedom is violated by a government mandate that requires them to provide health insurance coverage for contraception. Most notably, Hobby Lobby is not asking the court to rule that the mandate is unconstitutional, but rather they want the court to rule that it violates their rights under the RFRA. They also want the court to rule that the provision forcing them to provide health insurance coverage for contraception and other medical services is an unlawful exercise of Congress’s authority under the Necessary and Proper Clause.
What Does This Mean For Employers?
According to the complaint, if Hobby Lobby prevails in court, it will be the first time that an employer’s religious freedom has been deemed to outweigh the interests of the federal government in requiring insurance coverage for contraception. This could have serious ramifications for the millions of Americans who get their health insurance through their employer. What happens next will depend on how the case is ruled. It could become the precedent for other courts to rule similarly, or it could mean that the federal government backs down and repeals the mandate. No matter what, this will be one of the major rulings affecting employer-provided health insurance and the way that millions of Americans view their employer-based insurance coverage.