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.

07/27/2012

Using Religion to Discriminate

Court’s Ruling to Allow Employer to Discriminate Out of Step; Threatens Women’s Health

By Sarah Lipton-Lubet, ACLU Washington Legislative Office & Brigitte Amiri, ACLU Reproductive Freedom Project at 4:30pm

A federal court in Colorado today put a temporary halt on the implementation of the Obama administration’s contraceptive coverage rule, with respect to one company. The contraceptive coverage rule requires insurance plans to cover contraception and stop routinely discriminating against women. The decision, if upheld, could pave the way for businesses to use their owners’ religion as an excuse to discriminate.

07/19/2012

Contraception

Another One Bites the Dust: Second Challenge to Birth Control Rule Rejected in One Week

By Sarah Lipton-Lubet, ACLU Washington Legislative Office at 6:01pm

Courts are making fast work this week of the lawsuits challenging the Obama administration’s rule requiring insurance plans to cover contraception and stop discriminating against women.

Just one day after a federal court in Nebraska threw out a lawsuit brought by seven anti-Affordable Care Act attorneys general, a federal court in D.C. did the same in a case filed by a religiously affiliated college. On Wednesday, a federal judge dismissed the lawsuit filed by Belmont Abbey College (the first of the two dozen challenges to the birth control rule).

07/18/2012

Contraception

One Down and 23 to Go: Judge Tosses Baseless Challenge to Birth Control Coverage

By Sarah Lipton-Lubet, ACLU Washington Legislative Office & Brigitte Amiri, ACLU Reproductive Freedom Project at 4:53pm

Tuesday, a Nebraska federal court rejected a lawsuit challenging the Obama administration’s rule requiring insurance plans to cover contraception. This was the first of two dozen challenges to be decided. We applaud the court’s decision and hope that the judges in the other cases follow the Nebraska federal judge’s lead.

07/02/2012

Affordable Care Act

What the Supreme Court’s Obamacare Decision Means for Birth Control Litigation

By Sarah Lipton-Lubet, ACLU Washington Legislative Office at 5:23pm

Last week, as the nation paid rapt attention, the Supreme Court upheld the Affordable Care Act (ACA) in National Federation of Independent Business v. Sebelius. The decision is especially critical for women, who are more likely to suffer gaps and discrimination in their health care coverage. Importantly, it means that the contraceptive coverage rule – which ensures access to affordable birth control for millions of women across the country – is still in place.

06/07/2012

Contraception

On the Anniversary of Griswold, the Facts about Contraception

By Sarah Lipton-Lubet, ACLU Washington Legislative Office at 10:31am

On this day in 1965, the Supreme Court first protected the right to contraception. A 7-2 decision, Griswold v. Connecticut was joined by justices appointed by Republicans and Democrats alike. It opened the door to a world in which people are free to form intimate relationships, lead healthy sexual lives, pursue educational and employment opportunities, and decide whether and when to become parents.

And yet now, 47 years later, contraception has become a hot button issue. Much of the recent discussion has consisted of rhetoric such as then-Presidential contender Rick Santorum’s statement that birth control is “not OK, because it’s a license to do things in the sexual realm that is counter to how things are supposed to be”, or the Alliance Defense Fund’s assertion that providing insurance coverage for contraception “propel[s] [us] down an anti-pregnancy path”. On this anniversary, let’s celebrate with the facts:

05/23/2012

Contraception

Twelve More Lawsuits, Still No Case

By Sarah Lipton-Lubet, ACLU Washington Legislative Office at 12:55pm

Every few weeks, opponents of birth control manage to garner some media attention by objecting – again – to the federal contraceptive coverage rule, which ensures that millions of women will have affordable insurance coverage for contraception without extra out-of-pocket costs. But time after time, it’s just more of the same.

American Civil Liberties Union