The Continuing Fight Against the HHS Contraceptive Mandate

On May 12, in a 2-1 decision, the U.S. 7th Circuit Court of Appeals denied Notre Dame’s request for a temporary exemption from the HHS contraceptive mandate, which requires all employers to provide FDA-approved contraceptive methods in their health plans, including religious employers like Notre Dame that aren’t houses of worship.

The decision highlights the ongoing fight against the mandate following the U.S. Supreme Court’s Hobby Lobby decision handed down last summer. At issue is whether religious non-profit organizations that object to facilitating the government mandate have the right to opt out.

Currently, objecting organizations must send a letter to the government stating the religious nature of their objection. The government then arranges for the offending insurance coverage for the employees of the religious non-profit organization.

But organizations like Notre Dame, the Little Sisters of the Poor, and other religious non-profits don’t want to have any role in facilitating the mandate and have asked for the same exemption offered to Churches. They argue the courts shouldn’t be the institutions deciding what actions violate their religious beliefs. At least two justices on the 7th Circuit Court of Appeals,


Posted: May 29, 2015

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