Missouri has twice voted against Obamacare and now a federal judge has struck down the law protecting the religious freedoms of Missourians:

A federal judge has struck down a Missouri law exempting moral objectors from mandatory birth control coverage because it conflicts with an insurance requirement under President Barrack Obama’s health care law.

The ruling by U.S. District Judge Audrey Fleissig cites a provision in the U.S. Constitution declaring that federal laws take precedence over contradictory state laws. But Fleissig emphasized that she was taking no position on the merits of the Obama administration policy, which requires insurers to cover contraception at no additional cost to women.

It was not immediately clear Monday whether the Missouri attorney general would appeal the ruling, which was dated Thursday but not publicized.

It’s a repudiation of religious liberty and states’ rights. Missouri law allows for insurance companies to issue coverage sans birth control if employers feel it violates their religious freedom.

(h/t Doug)


The judge wrote in her order that there “appears to be an irreconcilable conflict” between the state and federal laws that puts insurance companies in an awkward position. Specifically, she pointed out that if insurers were to comply with the Missouri law, that they would still face penalties for not complying with regulations concerning the contraceptive mandate provision.

Judge Fleissig’s ruling is even more offensive when you consider that it’s based on the presupposition that Missouri entities who opt out of Obamacare face a conflict by way of fines and penalties. Prop C, which passed by an overwhelming 74%+ margin in August 2010 specifically protected individuals and entities from fines and penalties if they chose to opt out of Obamacare. So it’s moot. Why was this not taken into consideration? Why was our law ignored? And will AG Chris Koster defend Missouri’s laws?

*UPDATE: Fleissig was appointed by Obama.