[W]ASHINGTON — Vermont Attorney General TJ Donovan is among almost two dozen state attorneys general opposing a new Trump administration rule that allows employers to opt out of offering insurance coverage for contraception.
A rule issued in October allows employers not to cover birth control for employees in their health care plans if they have a religious objection.
Donovan is among 19 attorneys general who filed the amicus brief Tuesday in support of a lawsuit Pennsylvania brought in federal court to stop enforcement of the rule.
The states supporting Pennsylvania argue they would be harmed by the administration’s decision to lift the mandate because they would shoulder additional costs associated with unintended pregnancies and more.
They also contend the Trump rule is unconstitutional, violates the Affordable Care Act and was implemented without proper procedure.
The impact of the new rule in Vermont is mitigated by a 2016 state law requiring that health insurance cover contraception without an out-of-pocket cost.
Despite the state law, some Vermonters could see their access to contraception through their employer-based health care plans limited.
Businesses that employ people in multiple states and offer health insurance are not required to follow state-level policies under a federal law, according to the attorney general’s office.
“Our state law won’t protect them,” said Vermont Solicitor General Ben Battles.
Battles said he is not aware of any employers in Vermont that have opted to take the new exemption now, but “it’s a possibility.”
Joining the amicus brief was also a matter of principle, he said.
“We don’t think that employers should be deciding the type of care that women should be able to access just because of the employers’ religious beliefs,” Battles said.
