At the request the Obama administration, the Supreme Court has agreed to hear a case centered on religious freedom and access to contraception under the Act. The court will hear arguments in a few months, with a decision likely by next June.
Plaintiffs in the case argue that the accommodation already available to them under the – that they simply opt out providing contraceptive by sending a form or letter to their insurer or to the government – still made them complicit in a practice they believe violates their religious beliefs.
In its 5-4 “Burwell v. Hobby Lobby” decision in June 2014, the Supreme Court ruled that closely held for-profit corporations can opt out of providing contraception for their employees if the company’s owners claim doing so would violate their religious beliefs.
The exempts houses worship from having to provide contraception , without having to file any paperwork. The plaintiffs in the current case are nonprofit businesses such as hospitals, nursing homes and schools which are run by religious groups.
Seven federal appeals courts around the country have ruled that the nonprofits are not unduly burdened by the opt-out provision in the law. But in September a three-judge panel of the Eighth Circuit in St. Louis reached a contrary decision. It concluded that the requirement violated the Religious Freedom Restoration Act, or RFRA.
The administration asked the Supreme Court to review the issue, in order to resolve the conflicting views of the courts of appeal.
The RFRA, passed in 1993, says that any government regulation that imposes a “substantial burden” on a religious practice must be based on a “compelling governmental interest” which the government cannot achieve by a less restrictive or burdensome means.
One of the plaintiffs, an order of nuns called the Little Sisters of the Poor, operates some nursing homes with 13,000 residents. The job listings posted by the nursing homes say Little Sisters the Poor is “an equal opportunity ” and do not indicate that employees are required to share the religious views espoused by the order.
Represented by the Becket Fund for Religious Liberty, the nuns argue that their religious beliefs would be violated if they were forced to be involved in providing contraceptive in any way, including opting out by filling out a form or writing a letter.
“It is ridiculous for the federal government to claim, in this and age, that it can’t figure out how to distribute contraceptives without involving nuns and their ,” said Becket Fun attorney Mark Rienzi.
Louise Melling, Deputy Legal Director the American Civil Liberties Union, said, “we fight every to protect the constitutional right to freedom religion, but that right does not extend to imposing your beliefs on others and discriminating against them. If the Court rules in favor the in these cases, women will lose a benefit guaranteed by law and will literally be paying for their ’ beliefs.”