Leaked draft rule suggests more protections for religious institutions and employers

A leaked document suggests that President Donald Trump's administration may be preparing to enact a regulation that may provide more conscience protections for faith-based institutions and religious employers who do not want to provide coverage of abortion-causing contraceptives to their employees.

According to Vox, the leaked 125-page federal proposal is currently under review by the President's Office of Management and Budget, which is the final step before a new regulation becomes official.

Under the Affordable Care Act, nearly all employers are required to offer health insurance that covers contraceptives.

The Affordable Care Act initially provided exemptions for churches and houses of worship, and some private corporations, like Hobby Lobby, have won the right to decline coverage for religious reasons in a 2014 Supreme Court case.

The draft proposal, if finalized, would broaden the types of companies and organizations that can request an exemption from the contraceptive mandate.

Christianity Today reported that the draft of the new regulation would apply to "any kind of employer," such as Christian colleges and religious orders.

Groups like the Little Sisters of the Poor, an order of Catholic nuns, have been fighting a legal battle against the contraceptive mandate for years. But last year, the U.S. Supreme Court has declined to rule in their case, sending it back to lower courts that previously ruled against the religious order.

The new regulation would not totally repeal the contraceptive mandate, and the vast majority of employers who do not have objection to contraception would still be required to provide coverage.

Mark Rienzi, senior counsel with the Becket Fund, the law firm representing the Little Sisters of the Poor, estimated that about 120,000 to 130,000 Americans working for religious employers would no longer be provided with contraceptive coverage under the draft rule.

First Liberty Institute, a Texas-based law firm specializing in religious liberty cases, applauded the draft rule, saying it would end a near-three-year legal battle for some of its clients.

"The Trump administration has clearly announced its intent to adopt an important new policy for religious ministries across the country," said Jeremy Dys, First Liberty Deputy General Counsel.

"Our clients are delighted to see their religious liberty potentially restored and to be freed to pursue their mission without the threat of punishment by their government hanging over their heads," he added.