Howard Friedman is correct that the USCCB has extended its concerns to
secular employers, who could not take advantage of the Title VII provision
permitting religious entities to hire only co-religionists (and then to
fire sinners). So the mandate is less easily avoidable for secular
employers.
(1) If the contraceptive mandate was attached to a broad
government spending program - as best I can tell it isn't, but I'll be glad to
work with the hypo - then the question is how RFRA interacts with the
unconstitutional conditions doctrine, which of course treats some