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.

As Legal Fight Over Contraception Reaches Critical Moment, Where Will The Courts Stand?

As Legal Fight Over Contraception Reaches Critical Moment, Where Will The Courts Stand?

By Louise Melling, Director, Center of Liberty; Deputy Legal Director, ACLU at 11:50am

Nearly 60 lawsuits have been filed across the country challenging the federal rule that employers include contraception...

Defending the Contraceptive Rule

Defending the Contraceptive Rule

By Richard Muniz, Reproductive Rights Fellow, ACLU of Illinois at 1:59pm

Today, the ACLU and the ACLU of Illinois filed a friend-of-the-court brief in two additional appeals challenging the Affordable Care Act's ("ACA") contraceptive coverage rule. Our brief urges the Seventh Circuit Court of Appeals to reject requests…

The First Contraceptive Rule Case to Reach an Appeals Court on the Merits

The First Contraceptive Rule Case to Reach an Appeals Court on the Merits

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.     

It Doesn’t Matter How Many Lawsuits Are Filed, the Contraception Rule Is Constitutional

It Doesn’t Matter How Many Lawsuits Are Filed, the Contraception Rule Is Constitutional

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.

More Challenges to the Contraception Rule, More Misguided Arguments

More Challenges to the Contraception Rule, More Misguided Arguments

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…

Another Challenge to the Federal Contraception Rule, Another Friend-of-the-Court Brief

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.

A Victory for Women: Employer Can't Use Its Religion to Deny Birth Control Coverage for Its Employees

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,…

Religion Doesn’t Justify Discrimination: ACLU Files Brief in Third Contraception Rule Challenge

Religion Doesn’t Justify Discrimination: ACLU Files Brief in Third Contraception Rule Challenge

By Brigitte Amiri, ACLU Reproductive Freedom Project & Sarah Lipton-Lubet, ACLU Washington Legislative Office & Michael J. Steinberg, Legal Director, ACLU of Michigan & Sarah Mehta, Fellow, Immigrants' Rights Project, ACLU at 12:33pm

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 written…

Another Contraception Challenge, Another Misguided Argument

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…

History Is On Our Side: Why the Federal Contraception Rule is Constitutional

History Is On Our Side: Why the Federal Contraception Rule is Constitutional

By Brigitte Amiri, ACLU Reproductive Freedom Project & Sarah Lipton-Lubet, ACLU Washington Legislative Office & Anthony Rothert, Legal Director, ACLU of Eastern Missouri at 5:26pm

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…

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