Oregon Contraceptive Coverage Law Moves One Step Closer to Approval
Governor Ted Kulongoski is expected to sign the bill,
which garnered a 49 -9 vote in the House.
The bill would only apply to insurance plans regulated by
state law and the coverage for contraceptives may be
subject to provisions of health benefit plans, including
copayments, deductibles, or coinsurance.
In March, a federal appellate court said that Union Pacific
Railroad’s health insurance plan violated no civil
rights because the plan didn’t pay for contraceptives –
either for men or women. The 8th Circuit Court of Appeals
said that the “coverage provided to women is not less
favorable than that provided to men” (See
Union Pacific Ex-Contraceptive Policy
Upheld
).
In 2005, the New York City transit union filed a federal
lawsuit against the city’s Metropolitan Transit
Authority (MTA), charging that the agency discriminates
against female employees by not covering contraception,
because it does pay for men’s Viagra (See
NYC Transit Employees Allege Sex
Discrimination in Contraception Coverage
).
In 2005, the New York state appellate court rebuffed
objections from religious-affiliated employers by upholding
a law that required employers to provide prescription
insurance coverage for contraceptives.
Under the 2002 law, a religious employer whose main purpose
is to promote its theological values is exempted, while one
that runs hospitals or offers social services as part of
its ministry cannot qualify for the exemption.
The law, which was drafted as a women’s health and
gender equity measure, exempts qualified religious
employers, but only to the extent that the inculcation of
religious values is their main mission and they primarily
employ and serve members of the same faith (See
Empire State Appellate Panel Backs
Contraceptives Coverage Law
).