The state of Oregon has been named in a complaint filed with the U.S. Office for Civil Rights for allegedly violating the rights of its residents with its abortion mandate.
It is among the states that have passed a law requiring any health-benefit plan to cover abortions and contraceptives, including those that can cause abortion.
But the state Right to Life organization has filed with the federal government a complaint challenging the Oregon's Reproductive Health Equity Act.
Attorney James Bopp Jr., who is representing Oregon Right to Life, or ORTL, said the mandate that pro-life groups cover abortion on demand in its employee health plans violates their conscience rights under the Weldon Amendment.
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"Weldon requires states to protect such conscience rights or lose federal funds. Oregon receives lots of federal funding that it is putting at risk," he said.
ORTL's executive director, Lois Anderson, said her organization "exists to advocate for the vulnerable who are not protected under law."
"Under this mandate, we are literally being forced to violate our mission and very reason for existing," she said.
ORTL's goals, she said, apply to the health insurance coverage it offers to its employees.
"But Oregon's mandate, compelling ORTL to include coverage of abortion and abortifacients in its insurance plan, unconstitutionally burdens ORTL and violates the Weldon Amendment," the group said.
"Under Weldon, "[n]one of the funds made available in this Act may be made available to [a State if it] subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions."
Because ORTL qualifies as a "health care entity," it objects to providing coverage for abortion and abortion-causing drugs. The group argues "discrimination" includes compelling objectors to include abortion coverage in health insurance plans.
ORTL is seeking an exemption from the requirement for itself and any other similar entity.
"Specifically, ORTL seeks an exemption that would authorize insurers to offer and employers to obtain health benefit plans excluding contraceptive and abortion coverage to which employers object. Such an exemption is permitted under Oregon law if 'enforcement of [the mandate] may adversely affect the allocation of federal funds to this state.' Here, federal funds are at issue under Weldon so an exemption is warranted," the group said.