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.
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.
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.
President Obama yesterday released his proposed budget for fiscal year 2014. Here are five things you should know about how it affects reproductive rights:
Home Rule for the District of Columbia
As he has each year of his presidency, President Obama removed the D.C. abortion ban from his budget proposal. That ban prohibits the District of Columbia from using its own locally raised funds to pay for abortion care for low-income D.C. residents. By contrast, all other states are permitted to use non-federal revenues to pay for abortion care if they so choose.
Imagine being denied emergency contraception after a sexual assault; to not even be informed about the steps you can take to prevent an unwanted pregnancy; and to later find yourself pregnant as a result of the rape.
For thousands of Native American women this is reality.
That is why the ACLU and NACB have filed a Freedom of Information Act (FOIA) request with Indian Health Services (IHS) seeking information on policies governing access to over-the-counter emergency contraception (sometimes known as “Plan B”) at IHS facilities and demanding to know what steps the government is taking to solve this problem.
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.
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.
We've said it before and we'll say it again: the Obama administration's contraceptive coverage rule is a breakthrough for women's health, ensuring that millions of women will have access to affordable, effective contraception. But anti-family planning forces are waging an all-out campaign to prevent women from getting affordable access to this basic health care. They're claiming that your boss should be able to control your health care decisions.
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.
