Wheaton sues (abortively) to strike abortion drug mandate (which it obeyed as an Illinois state mandate)

The Southern Baptist Convention's Baptist Press and echoes like the North Carolina Biblical Reporter reported it last month when Illinois' Wheaton College joined Catholic groups in a lawsuit over an Affordable Care Act requirement that insurance plans cover birth control.

They have been silent about subsequent news that Wheaton cannot pursue this matter of evangelical conviction for a year because it has, perhaps since 2003, been providing insurance to faculty and staff that includes the contraceptive coverage over which it is in high legal dudgeon.

As Grant Gallico summarized it:

In order to qualify for safe harbor, a religious employer must not cover — or have recently covered — services it now wants to be exempt from covering. Duncan didn’t explain this on the call, but in paragraph 120 of Wheaton’s legal complaint (.pdf), you find this: “They currently provide coverage for certain contraceptives and inadvertently provided coverage for a short period after February 10, 2012 for other now-excluded contraceptives, making it impossible for Wheaton to make the required Safe Harbor certification.”

Sounds like Wheaton was paying for emergency contraception coverage for its employees — for how short a period it doesn’t say.

That brings us right up against the moral reasoning for Wheaton's thus far abortive legal action. When President Philip Ryken rejected the Obama administration's proposed accommodation exempting religious employers from paying for contraception coverage, while allowing employees to receive the coverage separately from the insurer, he said, “Any accommodation that still involves us in connection with an insurer that provides abortion services still, though indirectly, nevertheless implicates us morally in that action.”

But Wheaton's insurance coverage history apparently doesn't rise to that standard.

Gallico dug out the current source of Wheaton's coverage for faculty and staff and It's Blue Cross/BlueShield of Illinois:

And while Blue Cross pays for emergency contraception for thousands of enrollees who don’t work for Wheaton, it also covers an actual abortion drug — Mifeprex — which, the drug maker’s website points out, Blue Cross covers “to the same extent as surgical abortions.”

None of that fits neatly into the Southern Baptist narrative of Wheaton et al heroically resisting reduction of their freedom (although they are actually attacking their employees' freedom to make those decisions) of religion, but it still deserves to be reported.