Bradley noted that only group health plans must comply with the mandate. Consequently, the university also had another option: It could have opted to self-insure the plan for students and avoid coverage of services that violate Catholic teaching.
“Notre Dame could self-insure the students — as they do the faculty and staff — and if they self-insure, they would be free to exclude the contraceptive coverage,” said Bradley.
The Notre Dame law professor was equally concerned about the legal implications of the university’s voluntary decision to provide services it had strongly opposed in legal papers filed with a U.S. district court.
“In its pending lawsuit about the employee and staff health plan, Notre Dame has said that its Catholic faith forbids it to arrange or facilitate coverage for contraception and abortion,” Bradley said.
“Yet when it comes to student health coverage, the university has chosen to facilitate and arrange coverage for contraception and abortion. The court hearing Notre Dame’s lawsuit will surely notice this inconsistency.”
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