ACLU targets state’s law on birth control

Thursday, March 4, 2004 | 9:33 a.m.

CARSON CITY -- A Nevada law that exempts religious groups from offering birth control coverage in health insurance if they are morally opposed to contraception might be challenged by the American Civil Liberties Union.

Richard Siegel, president of the Nevada chapter of the ACLU, said it was "very likely" it would be on the agenda of the April 17 meeting of the board of directors in Las Vegas.

"We're very interested in expanding employee rights," said Siegel. "It's an extremely important area."

Nevada has a law similar to California. The California Supreme Court ruled Monday that Catholic Charities must provide the birth control coverage because it is no different from other businesses and does not qualify because the charity purpose is secular.

Nevada law says that those who offer health insurance must provide coverage for "any type of drug or device for contraception." But it says a group that is "affiliated with a religious organization is not required to provide the coverage ... if the insurer objects on religious grounds."

The Rev. Bob Stoeckig, vicar general for the Catholic Diocese of Southern Nevada, said he expects the California decision to end up in the U.S. Supreme Court. The California ruling, he said, does not apply to the church but to the charity organization that is affiliated with the church.

"The teaching of the Catholic Church is that artificial contraception is morally wrong," Stoeckig said. Forcing the coverage would go against the moral beliefs of the church, he said.

The ruling in California could have "unfortunate consequences," he said. These organizations are not required to issue health insurance. If forced to issue the birth control coverage, some might choose not to provide insurance. Stoeckig said the problem is that already there are too many people without access to health coverage.

Siegel said the decision in California won't apply to Nevada. But he added the California Supreme Court is "influential."

The California court ruled that Catholic Charities was not a religious employer because it offers such secular services as counseling, low-income housing and immigration services to the public without directly preaching about Catholic values. The organization also employs workers of differing religions.

Stoeckig said the Catholic Charities of Southern Nevada is a large organization that covers five counties. It is involved in such services as immigration, housing and employment, he said.