Friday, September 14, 2012

Contraception Veto Overriden; Foes to Seek Lawsuit

(Missouri Digital News) -- Missouri employers and insurance companies now have a state legal claim to refuse to provide health insurance coverage for contraception.  

Missouri lawmakers met Wednesday, Sept. 12, to override Democratic Gov. Jay Nixon's veto. They passed legislation to allow employers and insurers to refuse to provide health insurance coverage of contraception, abortion and sterilization if such procedures violate the employer's religious beliefs.

In an afternoon vote that lasted for several tense minutes, seven House Democrats broke with their party and with the governor to give Republicans the two-thirds majority they needed to overcome Nixon's action and make the measure part of state law in a 109-45 vote -- the bare minimum number required to approve the override motion.

The Republican-controlled Senate had also backed an override of the veto in a 26-6 vote earlier in the day. House Republicans broke into applause as the final vote was announced.  

The bill was filed in response to a rule levied by the federal Department of Health and Human Services that requires employers and insurance companies to cover contraception at no additional cost to the employees.

Sponsoring Sen. John Lamping, along with several other conservatives, have argued for months that employers should not have to provide a benefit that contradicts their religious beliefs.

"This bill does not restrict access," said Lamping, R-St. Louis County. "This bill makes clear that you can't force someone who disagrees with you to pay for your services."

Nixon vetoed the bill on July 12 and reaffirmed his stance against the bill.

"It's a shame we are still debating access to birth control in 2012," he said after the veto session.

Wednesday's vote marks only the second time the Legislature has overridden Nixon. Lawmakers also successfully overcame his objections to pass redistricting maps last year, which were later challenged in the state's courts. The override is the 24th since Missouri became a state.

The contraception bill became law immediately after lawmakers voted to override Nixon's veto and has already drawn a legal challenge. The Greater Kansas City Coalition of Labor Union Women is seeking a preliminary injunction against the measure.

The labor union's lawyer, Edward Keenan, said he's prepared to take the law all the way to the state Supreme Court and said that it violates the supremacy clause of the U.S. Constitution. Keenan said he expects to be in a courtroom within the next few weeks.

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