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.

05/23/2012

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.

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.

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.

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.

American Civil Liberties Union