The Center for Law & Religious Freedom

As enacted in 2010, the ACA itself provides that “[n]othing in this Act shall be construed to have any effect on Federal laws regarding (i) conscience protection; (ii) willingness or refusal to provide abortion; and (iii) discrimination on the basis of the willingness or refusal to provide, pay for, cover, or refer for abortion or to provide or participate in training to provide abortion.” 42 U.S.C. § 18023(c)(2).  The ACA further provides that it shall not “be construed to require a qualified health plan to provide coverage of [abortion] services . . . as part of its essential health benefits.”  Id. § 18023(b)(1)(A)(i).  “[T]he issuer of a qualified health plan . . . determine[s] whether or not the plan provides coverage of [abortion].”  Id. § 18023(b)(1)(A)(ii). ACA’s enactment, Executive Order 13535, entitled “Ensuring Enforcement and Implementation of Abortion Restrictions in [ACA],” affirms that “longstanding Federal Laws to protect conscience . . . remain intact and new protections prohibit discrimination against health care facilities and health care providers because of an unwillingness  to provide, pay for, provide coverage of, or refer for abortions.”  75 Fed. Reg. 15599 (Mar. 29, 2010) (emphasis added).  

Former Representative Bart Stupak (D-Mich.), who voted for ACA based on his belief that Executive Order 13535 would protect conscience rights, has stated that the Mandate “clearly violates Executive Order 13535” the Mandate violates the ACA itself, as well as the Hyde and Weldon Amendments.