Fact check: Was Kurt Schaefer the only Republican in the Missouri Legislature to vote against a bill allowing businesses to opt out of including contraception in employee health insurance plans?
August 1, 2016
By Autumn Lewien
Kurt Schaefer, a Republican in his last term as Missouri State Senator, has decided to make a bid for the open attorney general seat, facing off against first-time candidate Josh Hawley (R), a law professor and appellate lawyer, in the August 2 Republican primary. Chris Koster, a Democrat, decided to step down as attorney general after completing his second term to run for governor.
Hawley, in an online ad, has criticized Schaefer on a number of issues, including his vote on SB 749, a 2012 measure proposed by Sen. John Lamping (R) that required insurers to issue policies without contraception coverage if individuals or employers objected due to religious or moral beliefs.[1]
Sen. Kurt Schaefer, “was the only Republican State Legislator to vote against a bill that would have expanded religious protection against Obamacare’s requirement that businesses pay for birth control,” the ad reads.[2]
Is it true that Sen. Schaefer was the only Republican State legislator to vote against SB 749? We took a look at the voting records and found that Schaefer was the only Republican Senator to vote against the bill but was one of three Republican State Legislators to oppose SB 749 in some form.
Schaefer’s Vote
On May 18, 2012, the bill passed 28 to 6 in the Missouri Senate, with Schaefer joining five Democrats in opposing the measure.[3] The 105 to 33 vote in the Missouri House was largely along party lines, although twelve Democrats broke ranks to support it and Republican Chris Molendorp opposed it.[4]
Gov. Jay Nixon (D) vetoed the bill on July 12, 2012; however, on September 12, 2012, both the Missouri Senate and House voted 26 to 6 and 109 to 45, respectively, to override the governor’s veto.[5] Schaefer was the only Republican in the Senate to vote against the veto override.[6]
Schaefer explained his votes to The Missourian, saying, “[SB 749 is] basically giving the insurance companies (the right) to not cover additional things, even if the employer and employee want them.” The paper also reported that Schaefer objected to SB 749 “on the legal grounds that it contradicts federal law.”[7]
In the House, only one Republican, Linda Black, opposed the override. Molendorp, the Republican representative who opposed the initial passage of SB 749, supported the veto override.[8]
On March 18, 2013, Judge Audrey Fleissig of the Federal District Court struck down SB 749, citing a provision in the U.S. Constitution declaring that federal laws take precedence over contradictory state laws. Fleissig wrote:[9]
| “ | [T]he federal law and regulations, with limited exceptions, provide that insurers must provide contraceptive coverage, without cost-sharing by an insured. The State law says that insurers cannot provide contraceptive coverage to any person or entity that objects to such coverage based on any moral, ethical, or religious objection. The Court is hard-pressed to see how this does not create a direct conflict for Missouri health insurers.[10] | ” |
Schaefer’s stance on other “religious freedom” legislation
While Schaefer did indeed oppose SB 749, it is important to note that in the recent past he has supported and proposed other religious freedom legislation, including:
- In January 2016, Schaefer introduced SB 916, a bill seeking to modify the definition of “employer” in the Missouri Human Rights Act to exclude “any house of worship or other religious organization.”[11] If enacted, the bill would expand the number of businesses that qualify for a religious exemption, according to The Missouri Times.[12]
- Schaefer voted in support of SJR 39 in March 2016.[13] If enacted, the proposed state constitutional amendment, introduced by Sen. Bob Onder (R), would not have allowed the state to penalize “a religious organization on the basis that the organization believes or acts in accordance with a sincere religious belief concerning marriage between two persons of the same sex.” Similarly, the measure would prohibit the state from penalizing individuals who refuse “to personally be a participant in a wedding or marriage or to provide goods or services ... because of a sincere religious belief concerning marriage between two persons of the same sex.”[14]
Conclusion
In an online ad, Republican candidate for Missouri Attorney General Josh Hawley claimed that Sen. Kurt Schaefer “was the only Republican State Legislator to vote against a bill that would have expanded religious protection against Obamacare’s requirement that businesses pay for birth control.”[15]
Sen. Schaefer was the only Republican Senator to vote against SB 749, a measure that allowed religious groups and employers with moral objections to opt out of providing birth control coverage mandated by the Patient Protection and Affordable Care Act. However, Schaefer was not the only Republican legislator to oppose the bill: Chris Molendorp voted against the initial passage of the bill and Rep. Linda Black voted against the veto override.
Launched in October 2015 and active through October 2018, Fact Check by Ballotpedia examined claims made by elected officials, political appointees, and political candidates at the federal, state, and local levels. We evaluated claims made by politicians of all backgrounds and affiliations, subjecting them to the same objective and neutral examination process. As of 2026, Ballotpedia staff periodically review these articles to revaluate and reaffirm our conclusions. Please email us with questions, comments, or concerns about these articles. To learn more about fact-checking, click here.
Sources and Notes
- ↑ Missouri Senate, “Senate Bill No. 749,” accessed July 29, 2016
- ↑ Missouri AG Facts, “Meet the Candidates: Fact Chekc of Schaefer Smear Ad,” August 1, 2016
- ↑ Missouri Senate, “Journal of the Senate: Second Regular Session,” accessed July 28, 2016(page 2142)
- ↑ Missouri Senate, “Journal of the House: Second Regular Session, 96th General Assembly,” accessed July 28, 2016(page 2669)
- ↑ Missouri House of Representatives, “9/12 - Missouri House Overrides Governor’s Veto of SB 749,” accessed July 29, 2016
- ↑ Missouri Right to Life, “Senate Votes to Override Governor Nixon’s Veto of Religious Liberty in Missouri (SB 749),” accessed July 29, 2016
- ↑ The Missourian, “Insurance bill triggers contraception debate,” September 10, 2012
- ↑ Missouri Right to Life, “96th General Assembly Second Regular Session: Vetoed Senate BIlls CCS HCS SS SB 749,” accessed July 29, 2016
- ↑ United States District Court Eastern District of Missouri, Eastern Division, “No. 4:12CV02354 AGF,” accessed August 1, 2016
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Missouri Senate, “Senate Bill No. 916,” accessed August 1, 2016
- ↑ The Missouri Times, “Schaefer defends religious liberty bill,” February 23, 2016
- ↑ Missouri Senate, “Journal of the Senate: Second Regular Session” March 10, 2016(page 550)
- ↑ Missouri Senate, “Senate Joint Resolution No. 39,” accessed August 1, 2016
- ↑ Cite error: Invalid
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