Birth Control Court Cases

In February 2012, the Department of Health and Human Services issued a rule to ensure that all new health insurance plans — except those held by churches and other houses of worship — would include coverage for birth control. More than 45 lawsuits have been filed against this rule. These cases have been filed by both religiously affiliated nonprofit organizations, and for-profit companies. The ACLU has filed friend-of-the-court briefs in several of these cases arguing that companies should not be allowed to use religion to discriminate against their female employees by denying them contraception coverage.

05/22/2013

As Legal Fight Over Contraception Reaches Critical Moment, Where Will The Courts Stand?

By Louise Melling, Center for Liberty at 11:50am

Nearly 60 lawsuits have been filed across the country challenging the federal rule that employers include contraception...

03/08/2013

Using Religion to Discriminate

Defending the Contraceptive Rule

By Richard Muniz, Reproductive Rights Fellow, ACLU of Illinois at 1:59pm

Today, the ACLU and the ACLU of Illinois filed a friend-of-the-court brief in two additional appeals challenging the Affordable Care Act's ("ACA") contraceptive coverage rule. Our brief urges the Seventh Circuit Court of Appeals to reject requests by secular, for-profit companies and their owners to block enforcement of the rule. The district court in both cases refused to grant the companies' requests, and they seek to overturn those decisions.

01/04/2013

Birth Control Court Cases

The First Contraceptive Rule Case to Reach an Appeals Court on the Merits

By Brigitte Amiri, ACLU Reproductive Freedom Project at 4:31pm

Yesterday the ACLU filed a friend-of-the-court brief in the first challenge to the federal contraceptive rule to reach an appeals court on the merits. The federal contraceptive rule requires health plans to cover contraception without a co-pay, and despite the plethora of lawsuits, the rule is clearly constitutional.

12/20/2012

Birth Control Court Cases

It Doesn’t Matter How Many Lawsuits Are Filed, the Contraception Rule Is Constitutional

By Brigitte Amiri, ACLU Reproductive Freedom Project at 4:20pm

Sheer repetition of an incorrect argument does not make that argument correct. This holds true for the lawsuits challenging the federal contraception rule, which ensures that millions of women will have access to contraception without a co-pay. Those who are trying to eliminate the rule in the courts have now filed almost 45 lawsuits. They can file 100 lawsuits, but it won’t change the legal analysis. As we’ve said before, the contraception rule is constitutional. For the last five decades, courts have held that rules designed to eradicate discrimination – like the contraception rule – cannot be trumped by a business owner’s religious beliefs.

11/15/2012

Birth Control Court Cases

More Challenges to the Contraception Rule, More Misguided Arguments

By Brigitte Amiri, ACLU Reproductive Freedom Project at 9:45am

There are now close to 40 challenges to the federal birth control rule, which ensures that employees have insurance coverage for contraception. Why so many lawsuits, you ask? The answer is not entirely clear, but one thing is certain: each case repeats the same misguided argument that an employer’s religious beliefs can be used as a license to discriminate against its female employees. As we have explained in greater detail their legal claims are unsupported by a long history of cases. We’ve filed friend-of-the-court briefs in several contraception suits discussing those cases, all of which rejected other attempts to use religious beliefs as a basis for discrimination. In the last week alone, we’ve filed three briefs: one in a case in Michigan with the ACLU of Michigan, and two others with the ACLU of Illinois.

10/25/2012

Birth Control Court Cases

Another Challenge to the Federal Contraception Rule, Another Friend-of-the-Court Brief

By Brigitte Amiri, ACLU Reproductive Freedom Project & Sarah Lipton-Lubet, ACLU Washington Legislative Office at 2:26pm

There are now over 35 lawsuits challenging a federal rule that requires employers to provide insurance coverage for contraception without a co-pay.

10/01/2012

Contraception

A Victory for Women: Employer Can't Use Its Religion to Deny Birth Control Coverage for Its Employees

By Brigitte Amiri, ACLU Reproductive Freedom Project & Sarah Lipton-Lubet, ACLU Washington Legislative Office & Anthony Rothert, Legal Director, ACLU of Eastern Missouri at 2:32pm

On Friday, a district court in Missouri rejected a case brought by a mining company challenging the federal birth control rule that requires employer health plans to cover contraception without a co-pay. The Missouri case is one of 30 pending, and it is the first case to be dismissed on the merits. It’s a tremendous victory for women, particularly those employed by the mining company.

08/30/2012

Contraception

Religion Doesn’t Justify Discrimination: ACLU Files Brief in Third Contraception Rule Challenge

By Brigitte Amiri, ACLU Reproductive Freedom Project & Sarah Lipton-Lubet, ACLU Washington Legislative Office & Michael J. Steinberg, Legal Director, ACLU of Michigan & Sarah Mehta, Fellow, Immigrants' Rights Project, ACLU at 12:33pm

Another private company – this one sells lawn and snow removal equipment in Michigan – is challenging the federal rule that requires employers to provide insurance coverage for contraception without a co-pay. As we’ve written before, these cases are meritless and harken back to a time that we should not repeat. For example, in 1966, the Piggie Park restaurant in South Carolina refused to serve African-Americans because integration was against the owners’ religious beliefs. The same argument was used to try to get around equal pay and labor protections. The courts did not allow religion to justify discrimination then, and they should not do so now.

08/15/2012

Using Religion to Discriminate

Another Contraception Challenge, Another Misguided Argument

By Brigitte Amiri, ACLU Reproductive Freedom Project & Sarah Lipton-Lubet, ACLU Washington Legislative Office & Witold Walczak, Legal Director, ACLU of Pennsylvania at 4:14pm

As we’ve written before, history has a way of repeating itself. Private companies that are challenging the federal rule that requires employers to provide insurance coverage for contraception without a co-pay are also repeating their same, misguided argument that the rule violates their religious liberty. Yesterday the ACLU filed an amicus brief in the most recent case raising these arguments – this time in a case brought by a lumber company.

08/03/2012

Birth Control Coverage

History Is On Our Side: Why the Federal Contraception Rule is Constitutional

By Brigitte Amiri, ACLU Reproductive Freedom Project & Sarah Lipton-Lubet, ACLU Washington Legislative Office & Anthony Rothert, Legal Director, ACLU of Eastern Missouri at 5:26pm

History has a way of repeating itself. Almost five decades ago a court in South Carolina considered a claim that a restaurant owner could refuse to serve African-American customers because integration of the races was against his religious beliefs. The court rejected that claim, and courts went on to do the same when faced with other, similar claims that religion can be used to discriminate.

American Civil Liberties Union