Obama administration

Today in Kellerism: New York Times reporters offer contraceptive mandate apologetics (updated)

Today in Kellerism: New York Times reporters offer contraceptive mandate apologetics (updated)

The Little Sisters of the Poor is an order of Roman Catholic nuns who take care of elderly people, many (if not most) of whom are indigent or nearly so.

As a non-profit, the Little Sisters provide health insurance for their employees, under a so-called "church plan," a special type of insurance for, well, religious organizations. The Christian Brothers, another Roman Catholic order, administers the insurance for the Little Sisters.

Years of back-and-forth charges and counter-charges over a 2011 rule promulgated by the Obama administration Department of Health and Human Services have just about come to an end. The current administration, following the promise made by President Donald J. Trump, is planning to roll back the contraceptive mandate's application to religious groups -- both religious groups (and their branch organizations) and other doctrinally defined schools and non-profit ministries, such as the Little Sisters.

Cue up a dose of Kellerism, the journalistic belief that certain issues have already been decided by American elites and do not need "balanced" coverage. Unsurprisingly, The New York Times, whose onetime editor Bill Keller provided the name for this GetReligion term, is at the head of the class on this story, headlining its piece, "White House Acts to Roll Back Birth-Control Mandate for Religious Employers."

Let's dive in:

WASHINGTON -- Federal officials, following through on a pledge by President Trump, have drafted a rule to roll back a federal requirement that many religious employers provide birth control coverage in health insurance plans.
The mandate for free contraceptive coverage was one of the most hotly contested Obama administration policies adopted under the Affordable Care Act, and it generated scores of lawsuits by employers that had religious objections to it.

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Trans commotion again: USA Today skips religious angles in bathroom-showers ruling

Trans commotion again: USA Today skips religious angles in bathroom-showers ruling

Religious conservatives cheered this week when a federal judge blocked the Obama administration's effort to force schools to allow transgendered people to use bathrooms of their choice.

Um … they did, didn’t they? (Squinting at article) Ummm, I could have sworn they would.  But they're not in the report by USA Today on the ruling.

This story, which was also distributed by Religion News Service, does cover a lot of ground in some 700 words. It reviews the lawsuit, brought by 13 states and two school districts, protesting Obama's directive. And it adeptly summarizes both the basic question and the mechanics of enforcement:

U.S. District Judge Reed O’Connor’s 38-page order said federal agencies exceeded their authority under the 1972 law banning sex discrimination in schools. The injunction applies nationwide, and follows a number of other recent court rulings against transgender students and employees.
The Texas ruling, issued late Sunday, turned on the congressional intent behind Title IX of the Education Amendments of 1972, which requires that "facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex."
"It cannot be disputed that the plain meaning of the term sex" in that law "meant the biological and anatomical differences between male and female students as determined at their birth," the judge wrote. "Without question, permitting educational institutions to provide separate housing to male and female students, and separate educational instruction concerning human sexuality, was to protect students’ personal privacy, or discussion of their personal privacy, while in the presence of members of the opposite biological sex."

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