1 00:00:00,040 --> 00:00:02,639 Speaker 1: Well, now it's time for our daily Bloomberg Law Brief, 2 00:00:02,720 --> 00:00:05,120 Speaker 1: exploring legal issues in the news, and it's brought to 3 00:00:05,160 --> 00:00:09,960 Speaker 1: you by American Arbitration Association, International Trade or Business Dispute 4 00:00:10,000 --> 00:00:13,720 Speaker 1: Resolve Faster with the International Center for Dispute Resolution, the 5 00:00:13,800 --> 00:00:16,800 Speaker 1: leader in alternative dispute resolution around the world, i c 6 00:00:17,000 --> 00:00:20,840 Speaker 1: d R dot org. Bloomberg Lahos studing Grasso and Michael 7 00:00:20,880 --> 00:00:23,959 Speaker 1: Best discuss how the Trump administrations move to let employers 8 00:00:24,000 --> 00:00:27,160 Speaker 1: opt out of providing health insurance that covers birth control. 9 00:00:27,400 --> 00:00:30,240 Speaker 1: They speak with Ash McGovern and Legislative and Policy director 10 00:00:30,280 --> 00:00:33,479 Speaker 1: at the Center for Gender and Sexuality Law at Columbia 11 00:00:33,560 --> 00:00:37,159 Speaker 1: Law School, and Michael sell Me, professor at George Washington 12 00:00:37,360 --> 00:00:42,479 Speaker 1: University Law School. The Trump administration has been issuing orders 13 00:00:42,520 --> 00:00:46,320 Speaker 1: to try to provide more accommodations for religious people and 14 00:00:46,400 --> 00:00:50,400 Speaker 1: the religious beliefs. What exactly did Attorney General Sessions do 15 00:00:50,520 --> 00:00:53,520 Speaker 1: here and how broad is it? Well, the the initiatives 16 00:00:53,520 --> 00:00:56,680 Speaker 1: that were announced on Friday are very broad. Uh. The 17 00:00:56,720 --> 00:00:59,880 Speaker 1: one that's gotten the most attention is obviously the contraception 18 00:01:00,320 --> 00:01:04,520 Speaker 1: mandate and the expansion of the current exemptions under the 19 00:01:04,760 --> 00:01:07,959 Speaker 1: Affordable Care Act. What the Trump administration is doing, and 20 00:01:08,000 --> 00:01:10,760 Speaker 1: this is likely to spill over into many other areas 21 00:01:10,800 --> 00:01:13,720 Speaker 1: as well, But which respect of this particular issue. They 22 00:01:13,760 --> 00:01:18,240 Speaker 1: are allowing any corporate entity, any employer, to claim a 23 00:01:18,360 --> 00:01:22,400 Speaker 1: religious exemption under the Affordable Care Acts so that they 24 00:01:22,480 --> 00:01:26,040 Speaker 1: do not have to provide contraception as part of their 25 00:01:26,080 --> 00:01:30,440 Speaker 1: insurance plan. Currently, under the current law, religious entities, you know, churches, 26 00:01:30,600 --> 00:01:35,080 Speaker 1: are exempt, and then nonprofit organizations and closely held corporations 27 00:01:35,640 --> 00:01:38,120 Speaker 1: also have a workaround in that they do not have 28 00:01:38,200 --> 00:01:43,720 Speaker 1: to provide the contraception directly, but instead they would have 29 00:01:43,760 --> 00:01:47,000 Speaker 1: to provide it through insurance companies. That work around would 30 00:01:47,000 --> 00:01:51,240 Speaker 1: now be optional under the current plan under the Trump administration, 31 00:01:51,280 --> 00:01:54,040 Speaker 1: proposal West not a proposal wanted to affect immediately, but 32 00:01:54,320 --> 00:01:57,080 Speaker 1: they are taking comments now. It's an interim final rule 33 00:01:57,640 --> 00:02:01,360 Speaker 1: and the exemption would be available to any other employer 34 00:02:01,360 --> 00:02:04,600 Speaker 1: who was covered by the mandate. ASH. Let's talk about 35 00:02:04,640 --> 00:02:09,880 Speaker 1: the federal government not prosecuting religious organizations for discrimination and 36 00:02:09,919 --> 00:02:14,160 Speaker 1: the hiring and firing of employees, and does that extend 37 00:02:14,440 --> 00:02:18,000 Speaker 1: now to private businesses? Sure? So, on Friday there was 38 00:02:18,200 --> 00:02:20,359 Speaker 1: both a contraceptive roles and then there was a second 39 00:02:20,480 --> 00:02:22,720 Speaker 1: memo that came out from the Department of Justice, which 40 00:02:22,800 --> 00:02:27,720 Speaker 1: essentially issued twelve Principles of Federal Religious Freedom and Religious 41 00:02:27,720 --> 00:02:30,880 Speaker 1: Liberty that all federal agents now must follow. I'm considering 42 00:02:30,919 --> 00:02:33,440 Speaker 1: any program, rule or guidance, and what the Department of 43 00:02:33,480 --> 00:02:35,919 Speaker 1: Justice is really trying to do and the Trump administration 44 00:02:36,000 --> 00:02:39,040 Speaker 1: has been trying to do, is to train enforcements of 45 00:02:39,120 --> 00:02:43,560 Speaker 1: non discrimination and civil rights protection as discrimination against religious 46 00:02:43,680 --> 00:02:46,880 Speaker 1: rights and groups. And what's both concerning about this guidance 47 00:02:47,080 --> 00:02:49,400 Speaker 1: is the fact that it's trying to give religious liberty 48 00:02:49,480 --> 00:02:53,040 Speaker 1: supremacy over other co equal fundamental rights. It's creating a 49 00:02:53,080 --> 00:02:56,880 Speaker 1: more dangerous situations for already vulnerable communities like women, people 50 00:02:56,919 --> 00:03:00,560 Speaker 1: of color, and LGBT communities, while elevating and sort of 51 00:03:00,560 --> 00:03:04,320 Speaker 1: tipping the sum on the scale towards religious liberty at 52 00:03:04,360 --> 00:03:07,359 Speaker 1: the extent of other important fundamental rights in my constitution. 53 00:03:07,720 --> 00:03:10,840 Speaker 1: That's Ash McGovern and Legislative and Policy director at the 54 00:03:10,919 --> 00:03:14,160 Speaker 1: Center for Gender and Sexuality Law at Columbia Law School, 55 00:03:14,160 --> 00:03:16,720 Speaker 1: and Michael sell Me, professor of law at George Washington 56 00:03:16,840 --> 00:03:20,000 Speaker 1: University Law School, speaking with Bloomberg, Laho Studing Grosso and 57 00:03:20,080 --> 00:03:22,280 Speaker 1: Michael Best. You can listen to Bloomberg Law weekdays at 58 00:03:22,280 --> 00:03:24,760 Speaker 1: one pm Wall Street time here on Bloomberg Radio