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'Activist Judges' Blamed for Elected Legislature's Laws

In an e-mail to supporters, Family Research Council(link is external) President Tony Perkins complained about a court decision in New York that purportedly requires certain religious employers to cover contraception in their health insurance plans. Writes Perkins(link is external):

This should serve as a serious warning to religious groups that the court is intent on spreading its gospel of secularism to faith-based organizations at all costs. This decision is less about birth control and more about the kind of protection we need from activist judges.

What this dire warning does not mention is that it was the elected legislature that passed this regulation into law – nor does it mention the religious exemption, which shields(link is external) employers that hire and serve primarily members of the same faith. (The case affects more secular enterprises that some churches are involved in, such as hospitals.)