DFL bill would nullify Hobby Lobby ruling in MN, force employers to offer contraception

erinmurphy.jpg
Rep. Erin Murphy
During a news conference yesterday, House Majority Leader Erin Murphy (D-St. Paul), introduced a bill that would essentially nullify the impact of the U.S. Supreme Court's Hobby Lobby ruling in Minnesota and force employers to offer contraceptive coverage to their employees.

Reached for comment later in the day, Murphy told us, "The goal is to make sure that women have access to affordable contraception in their employer-based coverage, similar to what the law was under the Affordable Care Act before the Hobby Lobby decision."

See also:
Minnesota's own Hobby Lobby: MN businesses gain from SCOTUS ruling

Murphy explained that because Hobby Lobby was based on a federal law, not the constitution, state legislatures have the power to nullify it. Twenty nine states have taken that approach.

Though there's an election before the next legislative session, Murphy said she thinks it's important to spread the word about her proposal now so voters can keep it in mind come November, when many expect Republicans to retake control of the Minnesota House.

"It's important that we talk about it now so Minnesota can have this discussion ahead of the election and make decisions in the election based on this information," Murphy said. The DFL "will act on this in 2015."

In a press release posted on Murphy's website, the bill is explained as follows:
The CHEER Act would require employer health plans to include coverage for all Food and Drug Administration (FDA) approved contraceptive methods and procedures if the employer's health plan provides prescription drug coverage to its employees. The proposal includes an exemption for non-profit religious employers...

The Court's ruling is limited to "closely-held" for-profit corporations, but that definition appears to include numerous, large Minnesota employers as long as they have fewer than 35 shareholders - such companies employ hundreds of thousands of Minnesotans [such as Cargill, Murphy told us]. And the ruling may allow closely-held, for-profit employers to also deny basic preventive health care services like vaccines or HIV treatment for their employees.
Murphy told us she "hasn't yet talked with anybody in the Senate," but added, "I imagine there will be interest."

"I think this will have strong support," she said. "I think Minnesotans understand why this is important. Support for this is strong -- you can feel it."

(For more, click to page two.)



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155 comments
kayjayp11
kayjayp11

Leave it to the DFL to believe that the Supreme Court ruling on a constitutional issue that they are wrong and we (DFL) are going to overturn this ruling by the Supreme Court...Grandstanding.....I am not saying ruling is right just saying that why not let the job building community to make the decision for themselves if they choose to offer extensive medical insurance, or let the state insure employees.

Glenn Hitt
Glenn Hitt

I wish everyone would speak the truth and not twist the words to suit them. Hobby Lobby approved EVERY contraception Except for the abortion pill(morning after pill). Sorry, but get the facts straight and Then debate them.

Yankee Doodle Pablo
Yankee Doodle Pablo

And in regard to your post to Jeremy, was it hard for you to admit that Jeremy was right? You talk like a know-it-all, when in fact you are doing little to back that up.

Yankee Doodle Pablo
Yankee Doodle Pablo

Kim, Kim, Kim... The morning after pill kills the fertilized egg and the IUD messes with the uterine lining and causes the fertilized egg to die for lack of a place to attach. That was right from the Wed MD website, which is peer reviewed.

Kim Carrier
Kim Carrier

Actually, Jeremy, that's not what I said, but good point. Here are some things the morning after pill is good for: preventing some poor child from carrying her father's baby (10 yr old girl right here in Mpls), keeping a college kid from birthing the offspring of some pigs that drugged, gang raped and broadcast her assault on YouTube, the wife who was beaten so badly and raped by her husband that she was lucky to escape with her life, those of us that have had a condom break and just don't fucking feel like having your shitty babies because the world already has enough people in it.....the list goes on and on. I'm glad those girls and women mentioned don't have to face the awful burden of being the only 12 yr old in class with an infant, the mother of one of 5 assailants' children (with a video to show her baby when he's old enough) or trying to navigate parental rights and child support with a sociopath. I feel for you, I do. But understand that just because you can be a hero doesn't mean everyone else can.

Kim Carrier
Kim Carrier

Hi Smarty. The IUD and morning after pill are not abortions any more than you throwing a used condom in the trash. Both prevent the fertilization in different ways. A copper IUD kills your swimmers, while the hormonal version messes with the viability of the egg. Same with the morning after pill, which is why there's a time limit on it. Good grief you people are silly. While I appreciate the (hint), it would have a little more impact if you showed up with some facts instead of just some more ignorant, run of the mill bullshit. Now, go put on a nice shirt and try to meet a real lady. Maybe she can explain it to you.

Cletus Ackbar
Cletus Ackbar

Seems like Kim could be the support club's special needs project.

Yankee Doodle Pablo
Yankee Doodle Pablo

Yes Kim, the Hobby Lobby decision covered abortifacient drugs that have a sole purpose of terminating a pregnancy. So who is the ignorant one now? (Hint - it's YOU, Kim)

Jeremy Deysach
Jeremy Deysach

We really should think about taking back the right to vote from you... women seem completely incapable of logic.

Jeremy Deysach
Jeremy Deysach

That isn't earnings that you receive. Take a basic business management class or accounting class and you will understand that.

Jeremy Deysach
Jeremy Deysach

The morning after pill is prescribed for lots of reasons? Name them.

Jeremy Deysach
Jeremy Deysach

If it means eliminating half of my brain to get one like you seem to have, no thank you!

Jeremy Deysach
Jeremy Deysach

Why are you too dumb to make an argument without bringing race into it? People like you should be culled.

Jeremy Deysach
Jeremy Deysach

Add to that, exactly what birth control items does the insurance that you provide though your business to all of your employees cover?

Jeremy Deysach
Jeremy Deysach

I do own one and you are incorrect... like really REALLY incorrect. This has nothing to do about girls either. You are really delusional.

Kim Carrier
Kim Carrier

Jeremy, you might not own a business. I do, so let me explain how it works. A corporation is actually an individual, independent of the people that make it up. Which is why, if you file the proper paperwork and something goes wrong, someone can sue the business as though it is a person, and not come after your own personal property, even if you own the business. What it does not allow for, until now, is for an inanimate object to have feelings and religious beliefs. You can't have it both ways, though. This ruling could potentially open up a shit storm if liability just because some religious freaks and libertarian assholes don't like girls.

Kim Carrier
Kim Carrier

Good idea, white lady from a 2 income household. Awesome idea. I bet no one has thought of that before. Is your husband the majority wage earner? If so, by "volunteer on your own" and "WORK to gain the benefits that will make you comfortable", do you mean "marry up"? It's not for everybody.

Kim Carrier
Kim Carrier

Jeremy, you're so passionate about this topic. For every woman's comment here, there are 5 from you. You and Yankee should start a vagina envy support group.

Kim Carrier
Kim Carrier

Hey, Yankee, are you an OG/GYN? I'm guessing you're not if you're ignorant enough about contraceptives to believe that it's all about a bunch of sluts wanting to get laid. They're prescribed for lots of reasons. You might know that if you had bothered to ask a woman. But most of them probably won't talk to you anyway.

Tammy Belka
Tammy Belka

But your employer sure as heck includes it in your "total compensation package" when they give you a review an explain why you're not getting anymore actual money on your paycheck. "See here, when we add in all your benefits, your total compensation is ....." Most of us have heard that before, I'm sure.

Tammy Belka
Tammy Belka

All your posts have been moronic. I'm calling your posts moronic though, not you. Gee, one would think that someone who is not a turd headed simpleton could figure that out?

Dog Gone
Dog Gone topcommenter

I am thoroughly disgusted that anyone in the DFL side of the legislature would propose nullification in any form.


They're supposed to be smarter than that.


Nullification is a waste of time; it is useless, because of the Supremacy Clause.


This kind of stupid is typical of the right. 

The DFL should be ashamed. En masse.

Jeremy Deysach
Jeremy Deysach

(And they don't give you insurance, they pay a portion and you have the option to buy it or not. If you don't like what they do or do not cover, you have the choice to buy it or not. The end.)

Jeremy Deysach
Jeremy Deysach

You said my last post was moronic. How more clear can name calling be?

TheConservativeJerk
TheConservativeJerk topcommenter

And still my hearing aids are not covered. Thanks Obama! 

Tammy Belka
Tammy Belka

You work for someone = they give you insurance. Not that hard of a concept, really.

Tammy Belka
Tammy Belka

Dude, I said I WASN'T calling you names! Look again, man. Now most people would read your comments and think you were being a Dingus McTurdington by changing my words around and then claiming that's what I said. But I specifically said that even if you were acting like a douchey troll, I wasn't going to call you a moronic asshat. I don't know how I can be any clearer on the fact the no matter how you try to mischaracterize what I'm saying, I'm not going to call you a butthurt idiot. In fact, all I ever said was, "don't be a moron." And that's advice I give to everyone. YOU'RE WELCOME!!!

Amber Reis
Amber Reis

I'll never understand how people equate not paying for something as denied access. They are not restricting access. Want it? Go get it. Can't afford it? See your county social worker to invoke your Title X Family Planning rights....which is financial help to low income people. Can't get Title X bc you make too much money? Get a different form of birth control they do pay for. We all need to grow up and stop saying it's a feminist/religious issue. It makes us all look unintelligent....

DavidFoureyes
DavidFoureyes topcommenter

I think the important thing to consider is that the Senate version include a rider that forbids CityPages from using pop-up ads.


Seriously, CityPages. Pop-up ads. Come on.

Anne Castro
Anne Castro

There are only two forms of BC that Hobby Lobby won't cover - the morning after pill and the IUD. And the "liberal media" has covered that fact. It's really all about the "sound byte" nature of FB, Twitter, etc. To read anything more complex would be too taxing for most people, especially the conservatives who believe that the left is spewing propaganda about this. Did you even LOOK at The New York Times after the decision, Mike McLean?

Vince Trovato
Vince Trovato

Bing....? That's where your problem started.

Jeremy Deysach
Jeremy Deysach

When will the dfl finally work on issues of equality? Like having all women over the age of 18 register for the draft?

Jeremy Deysach
Jeremy Deysach

By the way, if you learn to use the reply function of Facebook, people may actually be able to tell what the heck you are talking about or who you are talking to instead of you continually making orphaned posts.

Jeremy Deysach
Jeremy Deysach

I agree. This won't cost me money. I am glad the dfl is finally doing something that will not cost me money.

Jeremy Deysach
Jeremy Deysach

You are completely and totally wrong. Do the individuals own the corporation? If so, your argument is invalid.

Jeremy Deysach
Jeremy Deysach

And on that note, please educate us on how labor for insurance benefits works... I am sure it will be enlightening.

shial
shial

@Dog Gone  Normally that is correct but this is a special case where supremacy clause does not apply.


The SCOTUS based the Hobby Lobby ruling on compatibility with federal law, specifically the Religious Freedom Restoration Act, not on constitutional grounds. 


Normally that doesn't matter, but the SCOTUS found in 1997 that the RFRA does NOT apply to states.  End result is a ruling that only applies to federal law (like the ACA), the States can mandate additional requirements.  

Dog Gone
Dog Gone topcommenter

Employers should get the HELL out of the health care decisions of women.

Refusing the choice of an earned benefit is denying them exercise of their own autonomy over their bodies and over their decisions; it limits those options severely.


Corporations are not people; they are legal fictions.

This IS a feminist issue; it is fundamental to women, and to our equal participation in life with men.  There is nothing 'not grown up' about how this is being framed as an issue.

Dog Gone
Dog Gone topcommenter

Those four forms of contraception (not two) were two kinds of IUD and two kinds of morning after pills.

NONE of those are abortion-causing or abortifacients; they are contraceptions.

So women who want to use these two kinds of IUDs because they are the best contraception for their bodies and their circumstances are screwed because of idiots who make shit up that is not true and slap the label of religion on it.

And for a variety of reasons, there are women who need access to the morning after pills as well.

There is NO good reason, no LEGITIMATE reason to deny women these options for health care.

And corporations are legal fictions, not 'people'.

But Nullification is ridiculous and this woman should lose her position for suggesting it.  It is on  a par for stupid with disbelieving the medical experts about what are really contraceptions in the first place.

ChazDanger
ChazDanger topcommenter

Some women have only one option for health reasons.  IUD is that only option in most cases.

MNjoe
MNjoe topcommenter

Did gay marriage cost you money? 

Dog Gone
Dog Gone topcommenter

NO.

Corporations are part of a 'veil' that legally separates the liability of the business entity from the people who own it.

The term for that is 'legal fiction'.

So, NO -- corporations are NOT people.  People are protected by the legal fiction that is a corporation by limiting liability.

Dog Gone
Dog Gone topcommenter

@shial
Then THAT is NOT NULLIFICATION, is it?

Seriously, for that matter, given how poorly the current conservative activist justices have IGNORED settled case law and stare decisis, do you really think they would let this go at the state level?

Nullification is where a state attempts (and ALWAYS FAILS) to negate a federal law.


Since this is about recognizing corporations exercising freedom of religion, as if they were people instead of legal fictions, then I don't see how any state law is NOT going to be found subject to the Supremacy Clause.

BUT THIS WOMAN SHOULD STOP CALLING IT NULLIFICATION.


I suppose I can grit my teeth and bare it if she insists instead on calling it 'states rights'.  THAT spin might actually make it appeal to the damned Scalito/Thomas crowd.

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