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.
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 writtenbefore, 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.
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.
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.
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.
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.
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.
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.
