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.

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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. 

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.

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...

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). 

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:

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