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Copyright 2000 The Washington Post  
The Washington Post

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July 20, 2000, Thursday, Final Edition

SECTION: EDITORIAL; Pg. A24

LENGTH: 457 words

HEADLINE: The Council and 'Conscience'

BODY:


DC. COUNCIL CHAIRMAN Linda Cropp and Mayor Anthony Williams hope their letter yesterday to Rep. Ernest Istook, chairman of the House D.C. appropriations subcommittee, will stave off a congressional blow to the city's home rule prerogative. At issue is a subcommittee provision tacked onto the District's fiscal year 2001 appropriations bill last week that would have the effect of nullifying a council measure mandating contraceptive coverage in health insurance plans. The so-called Istook rider, added after the council's bill failed to include a "conscience clause" exemption for religiously affiliated institutions, is a good example of what can happen when poorly thought-out local legislation encounters the ever-present congressional desire for overkill.

In the case of contraceptive coverage, the council went about its legislative business in the worst possible way: It tried to rewrite controversial legislation on the dais, instead of in the calm of a committee room, and it made a hash of things. District elected leaders, belatedly recognizing the depth of local religious opposition to the Health Insurance Coverage for Contraceptives Act of 2000, are asking for a second chance to produce legislation that all parties in the city can support. Rep. Istook and his colleagues should give District officials an opportunity to get it right this time around.

The basic intent of the council's legislation--to meet the needs of low- and moderate-income families that cannot afford family planning services--is sound. The council is well within its prerogatives to address that issue through the city's insurance law. At the same time, the council should avoid enacting laws that infringe upon the religious freedom of institutions adhering to doctrines that prevent them from providing such services. The mayor and Chairman Cropp, indicating that they and their colleagues understand the obligation they are under to respect conscientious objection to contraception based on religious convictions, wrote Rep. Istook that they are "prepared to address the necessary clause--giving great weight to parties in the District who advocate family planning and religious liberty."

The House appropriations subcommittee should take the city's leaders at their word. Rep. Istook ought to remove his restrictive language from the D.C. appropriations bill. We understand that the council--if given the chance--intends to approach the reshaping of this legislation in a more deliberate fashion, consulting closely with the various local parties. That's reason enough for Congress to stand down and let the council and mayor step up to their duty to produce a responsible bill that can pass muster in the city and on Capitol Hill.

LANGUAGE: ENGLISH

LOAD-DATE: July 20, 2000




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