Bitter pill: Catholics and contraception.

• Author: Sanchez, Julian
• Position: Citings - Brief Article

THE POPE IS, famously, not a big fan of Ortho Tri-Cyclen. But in the wake of a decision by the Supreme Court of California, Catholic Charities of California will have to cover contraception in its prescription drug insurance for employees. According to the 6-1 ruling, because it provides "secular" services, Catholic Charities doesn't count as a "religious employer" and therefore can't claim an exemption from the state law requiring employers to cover birth control.

While American Civil Liberties Union attorney Margaret Crosby, who filed a brief against the charity, hailed the decision as a "great victory for California women and for reproductive freedom," California Catholic Conference (CCC) spokeswoman Carol Hogan is, unsurprisingly, less sanguine. The CCC, which supported Catholic Charities in court, sees this putatively economic regulation as a clear violation of the religious liberties guaranteed under the federal and California constitutions.

As Hogan observes, it's difficult to square the ruling with a number of previous decisions in the state. In the past, the state...