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HCR 35
As Adopted by House

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H. C. R. No. 35 As Adopted by the House

As Adopted by the House

129th General Assembly

Regular Session

2011-2012

H. C. R. No. 35

Representatives Stautberg, Sears

Cosponsors: Representatives Adams, J., Adams, R., Amstutz, Anielski, Baker Speaker Batchelder Representatives Beck, Blair, Blessing, Boose, Brenner, Bubp, Buchy, Butler, Combs, Conditt, Damschroder, Derickson, DeVitis, Dovilla, Duffey, Gardner, Gonzales, Goodwin, Grossman, Hackett, Hagan, C., Hall, Hayes, Henne, Hill, Hottinger, Huffman, Johnson, Kozlowski, Landis, Maag, Martin, McClain, Newbold, Pelanda, Peterson, Roegner, Rose, Rosenberger, Ruhl, Schuring, Slaby, Sprague, Stebelton, Terhar, Thompson, Uecker, Wachtmann, Young

A CONCURRENT RESOLUTION

To urge the President of the United States to direct the Secretary of Health and Human Services to rescind the rule requiring religious employers to include contraceptive services in their health insurance plans in violation of their religious beliefs and to urge members of the United States Congress to enact the "Respect for Rights of Conscience Act."

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF OHIO
(THE SENATE CONCURRING):

       WHEREAS, In August 2011, the United States Department of Health and Human Services issued an interim final rule regarding health insurance coverage for preventive services for women pursuant to the "Patient Protection and Affordable Care Act" Pub. L. No. 111-148; and

       WHEREAS, The interim rule defined preventive services to include sterilization, contraceptive services (including some abortion-inducing drugs), and education and counseling to promote these services among all women of reproductive capacity; and

       WHEREAS, On January 20, 2012, the Department announced that the final rule will require nonprofit employers who, based on religious beliefs, do not currently provide contraceptive coverage in their insurance plans, to comply with the new law by August 1, 2013; and

       WHEREAS, As Thomas Jefferson stated in 1809, "[n]o provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority"; and

       WHEREAS, Respect for conscience and religious liberty are deeply embedded in the history and traditions of our nation and codified in the First Amendment to the United States Constitution and numerous state and federal laws; and

       WHEREAS, Never before has the federal government forced individuals and organizations to go into the marketplace and purchase a product that violates their consciences; and

       WHEREAS, Implementing this rule departs from the long-standing federal policy of exempting individuals and organizations from having to take part in health services that violate their religious beliefs or moral convictions; and

       WHEREAS, Implementing the rule will force organizations that play a vital role in providing health care and other needed services either to violate their consciences or severely curtail those services to the detriment of both religious freedom and access to health care; and

       WHEREAS, Forcing Americans to choose between violating their consciences and forgoing their health care is an unconscionable attack on both access to health care and on religious freedom; now therefore be it

       RESOLVED, That we, the members of the 129th General Assembly of the State of Ohio, in adopting this resolution, urge the President of the United States to direct the Secretary of Health and Human Services to rescind the rule that would force an employer to offer health insurance coverage that violates the employer's religious beliefs or moral convictions; and be it further

       RESOLVED, That we also urge the members of the United States Congress to enact the "Respect for Rights of Conscience Act" (H.R. 1179 and S. 1467), which declares that nothing in the "Patient Protection and Affordable Care Act" is to be construed to authorize a health plan to require a health care provider to provide, participate in, or refer for a specific item or service contrary to the provider's religious beliefs or moral convictions; and be it further

       RESOLVED, That the Clerk of the House of Representatives transmit duly authenticated copies of this resolution to the President of the United States, to the United States Secretary of Health and Human Services, to the Speaker and Clerk of the United States House of Representatives, to the President Pro Tempore and Secretary of the United States Senate, to the members of the Ohio Congressional delegation, and to the news media of Ohio.